1 2025:CGHC:3177 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 208 of 2025 Satish Kumar Sinha S/o Shri Lakhan Lal Sinha Aged About 27 Years R/o Village Rahud, Police Station Ranchirai, District Balod (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Supela District- Durg (C.G.)- 490023 ... Non-applicant For Applicant : Mr. Praveen Shrivastava, Advocate. For Non-applicant/State. : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.01.2025 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. 365/2024 registered at Police Station Supela, District – Durg (C.G.), for the offences punishable under Sections 379, 34 of the Bhartiya Nyaya Sanhita, 2023. 2. Prosecution’s story, in brief, is that a complaint was lodged under Section 379 IPC at Police Chowki, Smritinagar, Durg Police Station, Supela, by Mukesh Gupta, aged 42, son of Late Hari Shankar ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.18 14:06:55 +0530 2 Gupta. He stated that his motorcycle, a Honda Shine with registration number CG 07 BL 9251, was stolen from the parking area of Shankaracharya Hospital, Junwani, between 9:00 am on March 20, 2024, and 6:00 am on March 21, 2024. The FIR was lodged on March 27, 2024, under Section 379 IPC and later registered as Crime No. 365/2024 under the same section on October 29, 2024. 3. Learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in the aforementioned case. He submits that the applicant has been serving as an ambulance driver at Sankaracharya Hospital, Junwani, for the past seven years, maintaining an unblemished service record. He argues that there is no evidence against the applicant except for the seizure memo of the stolen vehicles. Furthermore, he points out that the police report fails to provide any evidence from video footage linking the applicant to the theft of the motorcycle. Additionally, he states that based on the seizure of same three vehicles, Supela Police Station registered six other similar cases against the applicant, against which the applicant has filed the bail applications, which are listed today along with the present bail application. He emphasizes that apart from these cases, the applicant has no prior criminal record and the applicant is in jail since 31.08.2024, conclusion of the trial may take some 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 - 3 sheet has already been submitted before the competent Court in the present case. He further submits that the present applicant is allegedly involved in the theft of motorcycles in several cases, and three motorcycles were also seized from his possession, therefore, he is not entitled for grant of regular 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, and the fact that applicant has been serving as an ambulance driver at Sankaracharya Hospital, Junwani, further, based on the seizure of same three vehicles, the Supela Police Station registered 06 other similar cases against the applicant, which are listed along with the present bail application and except these cases, the applicant has no prior criminal record. Moreover, the charge-sheet has already been submitted before the competent Court in the present case, and the applicant has been languishing in jail since 31.08.2024, and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Satish Kumar Sinha, involved in Crime No. 365/2024 registered at Police Station Supela, District – Durg (C.G.), for the offences punishable under Sections 379, 34 of the Bhartiya Nyaya 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 4 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 his 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 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 5 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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek