1 2025:CGHC:52340 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8480 of 2025 • Sunny Sen S/o Salik Ram Aged About 22 Years (Wrongly Mentioned As Sunny In The Impugened Order) R/o Dondhi, Tehsil And Police Station Dondhi, District Balod Chhattisgarh (Tehsil P.S. Wrongly Mentioned As Doundi In The Impugned Order) ... Applicant versus • State of Chhattisgarh Through The Station House Officer, Police Station Dondhi, District Balod Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Prasoon Agrawal, Advocate For Respondent/State : Ms. Soumya Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.10.2025 1. The applicant has preferred this First Bail Application 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. 104/2025, registered at Police Station – Dondhi, District – Balod (C.G.) for the offence punishable under Sections 331(4), 305, 62, 3(5) of BNS, 2023 (305 added later on in the charge-sheet). 2. The case of the prosecution, is that, on 13.08.2025 it has been informed to the complainant by his neighbor namely Narottam Devhari that the some people are trying to break the lock of the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.28 18:31:44 +0530 2 house, immediately the complainant and his brother reached on spot and upon hearing the sound of the vehicle applicant along with other accused person ran away from spot, therefore, FIR has been lodged against the applicant. Hence, this bail application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. He further submits that applicant tried to commit theft but not succeed and no recovery has been made from the possession of the applicant. He also submits that applicant has one criminal antecedent bearing crime No.74 of 2025 offence under Sections 3(5), 296, 351(2), 115(2) of BNS, 2023, which is still pending. He also submits that applicant is in jail since 13.08.2025 and trial is likely to take some 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 is one criminal antecedent bearing crime No.74 of 2025 offence under Sections 3(5), 296, 351(2), 115(2) of BNS, 2023, which is still pending. 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. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and submissions made by learned counsel for the parties and the fact that applicant tried to commit theft but not succeed and no recovery has been made from the possession of the applicant, charge-sheet has been filed against the applicant and he is in jail since 13.08.2025 and conclusion of the trial is likely to take some time, I am inclined to 3 allow this application. 7. Let applicant, Sunny Sen, involved in Crime No.104/2025, registered at Police Station – Dondhi, District – Balod (C.G.) for the offence punishable under Sections 331(4), 305, 62, 3(5) of BNS, 2023, be released on bail on his furnishing a 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 sufficient 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 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 sufficient cause, then it shall be open for the trial court to treat such default as abuse 4 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. Sd/- (Ramesh Sinha) Chief Justice vaishali