1 2025:CGHC:739 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9145 of 2024 Hemraj Sahu S/o Premlal Sahu Aged About 20 Years Resident of Village Parsada Post Navagaon Mudiyapar Hirri District Durg, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through-S.H.O. Supela, District Durg, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Aman Tamrakar , Advocate. For Non-Applicant : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 1169/2024, registered at Police Station : Supela, District Durg (C.G.) for the offence punishable under Sections 303(2) and 3(5) of Bhartiya Nyay Sanhita, 2023. 2. The case of the prosecution, in brief, is that a report was lodged by the complainant, Anil Kumar Ray, stating that on 31.10.2024, at about 2:00 PM, his driver had parked a dumper truck bearing registration number CG 08 V 1058 at a petrol pump near Nehru 2 Nagar. However, on the very next day, 01.11.2024, at around 8:00 AM, when his driver returned to the spot, the truck was missing. Based on this information, the concerned police registered an FIR, and during the investigation, the present applicant was arrested on 09.11.2024. Hence, this bail application has been filed. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. He submits that there is no eye witness of the case and proper identification has not done by the prosecution. He further submits that nothing has been recovered from his possession. He further submits that the present applicant has no criminal antecedents and the present applicant is in jail since 09.11.2024 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed before the competent Court in the present application. He further submits that the present applicant has stolen the truck, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that there is no eye witness of the case and proper identification has not done by the prosecution and nothing has been recovered from his possession and he has no criminal antecedents and also 3 considering the fact that in the present bail application the charge- sheet has been filed before the competent Court and the present applicant is in jail since 09.11.2024 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Hemraj Sahu, involved in Crime No. 1169/2024, registered at Police Station : Supela, District Durg (C.G.) for the offence punishable under Sections 303(2) and 3(5) of Bhartiya Nyay 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 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan