1 2025:CGHC:654 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8963 of 2024 1 - Prakash Jaat S/o Shri Krishna Ram Lal Aged About 29 Years R/o- Village Diplidanadi, Gudaoo, P.S. Karda, District- Jalour, Rajasthan. ... Applicant Versus 1 - State Of Chhattisgarh Through- The Station House Officer, Police Station City Kotwali Raipur, District- Raipur Chhattisgarh. ... Non-Applicant For Applicant(s) : Mr. Ghanshyam Kashyap, Advocate For Non-Applicant(s) : Ms. Mukta Tripathi, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 06/01/2025 1. This is the third bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 143/2021 registered at Police Station – City Kotwali, District – Raipur, Chhattisgarh for the offences punishable under Sections 454, 381, 411, 34 of the Indian Penal Code, 1860. 2. Case of prosecution is that, report was lodged in the concerned Police Station stating that in the intervening night of 17.07.2021 and 18.07.2021, co-accused Prakash along with applicant entered into the shop of complainant, committed theft of ornaments and gems of about Rs. 2 Crore, 3 Lakh and Rs. 3.5 Lakhs in cash. Based on the report, aforementioned crime was registered against applicant, Bhanwar Lal and SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 others. During course of investigation, applicant was arrested on 11.08.2023. 3. Learned counsel for the applicant submit that applicant is innocent, he has been falsely implicated in the instant crime, he has not committed any offence as alleged. He submits that this application is filed on the ground of delay in trial. Second bail application was dismissed as withdrawn on 10.09.2024. He contended that case is fixed for recording of evidence of prosecution witnesses on 30.09.2024, however, the prosecution witnesses are not turning up. Learned Trial Court has also issued bailable warrants to the prosecution witnesses but till date, none of the prosecution witnesses have been examined. He contended that offence is triable by Judicial Magistrate First Class and trial may take sometime for its conclusion, hence, the applicant may be enlarged on bail. 4. On the other hand, learned State counsel vehemently opposes the submission made by learned counsel for the applicant and would submit that applicant was found committing the alleged offence in C.C.T.V. footage collected by the police during the course of investigation. Therefore, there is prima facie case against the applicant. She further contended that learned Trial Court is already taking steps of causing presence of prosecution witnesses. Upon asking, she submits that there is no criminal antecedents against the applicant. 5. I have heard learned counsel for the respective parties. 6. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, period of pre-trial detention, office is triable by Judicial Magistrate First Class, as submitted by learned counsel for the applicant out of 17 witnesses, till date, none of the prosecution witnesses have been 3 examined, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 7. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that: (a) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the courton the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (d) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey