1 2025:CGHC:54891 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7871 of 2025 Deepak Jhariya S/o Shivlal Jhariya Aged About 22 Years Occupation - Labour, R/o Village- Kudumkela, Police Station - Gharghoda, District- Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station - Gharghoda, District- Raigarh (C.G.) ...Non-applicant For Applicant : Mr. Ashish Gupta, Advocate. For Non-applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 11.11.2025 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. 220/2025 registered at Police Station - Gharghoda, District - Raigarh (C.G.), for the offences punishable under Section 331(4), 305(A), 317(2), 3(5) of the BNS 2023. 2. The prosecution story in brief is that is that on 26.08.2025 the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.12 12:26:34 +0530 2 complainant Omprakash Behra lodged report at Police Station, Gharghoda, regarding stolen of mobiles and cash total amounting to Rs. 1,17,000/- from his mobile shop situated at Village Kudumkela. On the basis of above report, the offence was registered against unknown person and during course of investigation, the applicant has been arrested on the basis of memorandum and recovery of Rs. 1,100/- and 17 old mobiles have been made from the applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that That the applicant is innocent and has been falsely implicated in the instant case. It is respectfully submitted that the FIR has been lodged with inordinate and unexplained delay, which casts serious doubt on the prosecution version. The applicant has not committed any theft in the shop of the complainant, and the property and cash recovered from his possession rightfully belong to him and are not stolen articles. The alleged offences are not punishable with life imprisonment or death penalty. The trial of the case is likely to take considerable time for its conclusion, therefore, the applicant humbly prays to be released on bail. The applicant undertakes to appear before the Trial Court during the course of the trial and shall not misuse the liberty granted to him. He has been in judicial custody since 29.08.2025, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed in the present case, and the applicant has one 3 criminal antecedent, therefore, he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence levelled against the present applicant, and also taking into account that the applicant has one criminal antecedent, that the charge-sheet has been filed before the competent Court, and the applicant has been in judicial custody since 29.08.2025, and conclusion of the trial may take some more time, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 7. 7. Let the Applicant – Deepak Jhariya, involved in Crime No. 220/2025 registered at Police Station - Gharghoda, District - Raigarh (C.G.), for the offences punishable under Section 331(4), 305(A), 317(2), 3(5) of the BNS 2023, be released on bail on his furnishing personal bond with two local 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 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 4 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 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 Vaibhav