1 2025:CGHC:8673 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8956 of 2024 1 - Sanjay Sahu S/o Late Rambharos Sahu Aged About 47 Years R/o Old Bazar Para, Surajpur, P.S. And Tahsil Surajpur, District : Surajpur, Chhattisgarh ...Applicant(s) versus 1 - State Of Chhattisgarh Through Sho, P.S. Surajpur, District : Surajpur, Chhattisgarh ...Non-applicant(s) For Applicant(s) : Mr. Gautam Khetrapal, Advocate For Respondent(s) : Mr. Hariom Rai, Penal Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.02.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 626/2024 registered at Police Station – Surajpur, District Surajpur (C.G.) for the offence under Sections 303, 317 & 3(5) of Bharatiya Nayay Sanhita, 2023. 2. Case of the prosecution, in brief is on October 28, 2024, the police at Surajpur Police Station seized a Bajaj Platina motorcycle, bearing Chassis No. MD2DDDZZZRWA54007 and Engine No. DUMBRA16932, from a suspect named Rakesh Sahu. When questioned, Rakesh revealed that he had purchased the motorcycle from the present ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA Date: 2025.02.20 14:47:17 +0530 2 applicant. The police then requested the applicant to produce valid documents for the motorcycle, but the applicant failed to provide any documents. It is alleged that the applicant is involved in illegal activities, specifically purchasing and selling stolen motorcycles, and is also engaged in scrap dealings, therefore, the applicant was arrested and is currently in jail. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are 16 criminal antecedents registered against the present applicant out of which 6 cases are still pending, 7 have already been decided and in remaining 3 cases he has been acquitted. It is further submitted that the charge-sheet has been filed in this case. He further contended that the applicant’s relative, namely, Kuldeep Sahu is involved in the murder of wife and daughter of one constable on account of which his entire family members along with the present applicant is implicating in the criminal case by the police and the present case is one of such cases, therefore, the applicant has no criminal antecedent. The applicant is in jail since 08.11.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are 16 criminal antecedents registered against the present applicant out of which 6 are still pending consideration, and the charge-sheet has been filed in this case. It is further submitted that the applicant is involved in illegal activities, specifically purchasing and selling stolen motorcycles, and is also engaged in scrap dealings, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is 16 criminal antecedents registered against the present applicant out of which 6 cases are pending, 7 have already been decided further in remaining 3 cases he has been acquitted. The applicant’s relative, namely, Kuldeep Sahu is involved in the murder of wife and daughter of one constable on account of which entire family members along with the present applicant is implicating in the criminal case by the police and present case is one of the such cases, charge-sheet has been filed against the applicant, the applicant is in jail since 08.11.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let the Applicant - Sanjay Sahu, involved in Crime No. 626/2024 registered at Police Station – Surajpur, District Surajpur (C.G.) for the offence under Sections 303, 317 & 3(5) of Bharatiya Nayay Sanhita, 2023, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) 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. (ii) 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 sufÏcient cause, the trial court may proceed against him under Section 269 4 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the Court on 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. (iv) 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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Saxena