1 2025:CGHC:54918 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7913 of 2025 • Pankaj Maravi S/o Ramesh Maravi Aged About 30 Years R/o Village Dola, Tahsil Kotma, District : Anuppur, Madhya Pradesh ... Applicant versus • State of Chhattisgarh Through Ti, Police Station Gaurela, District : Gaurela-Pendra-Marwahi, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Avdhesh Mishra, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/11/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.163/2025 registered at Police Station Gaurela, District- Gaurela-Pendra-Marwahi (C.G.) under Section 331(4), 305(A) of BNS. 2. As per prosecution, in brief, is that, the present applicant along with the help of two co-accused committed theft of several jewellery ornaments, utensil and Rs.35,000/- cash by breaking VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.13 11:34:37 +0530 2 the lock of house of the complainant at night. On the basis of said information FIR has been registered. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case and the applicant has neither committed theft of any article of the complainant’s house. He also submits that the prosecution has not collected the sufficient material from the possession of the applicant regarding theft article. He further submits that only on the basis of merely suspicious and memorandum statement he has been alleged by the prosecution against him. He further submits that there are three criminal antecedents registered against the applicant bearing crime Nos. 457/2022, 345/2022 and 290/2023. He also submits that applicant is in jail since 22.07.2025 and the 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 counsel appearing for the State/non-applicant would oppose the bail application and submit that applicant has three criminal antecedents registered against the applicant bearing crime Nos. 457/2022, 345/2022 and 290/2023, it appears that applicant is a habitual offender, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and also considering the fact that trial is likely to take 3 some time for its conclusion, he is in jail since 22.07.2025, looking to the detention period of the present applicant, this Court is of the view that the applicant is entitled to be released on bail in this case 7. Let the Applicant – Pankaj Maravi, involved in Crime No.163/2025 registered at Police Station Gaurela, District- Gaurela-Pendra-Marwahi (C.G.) under Section 331(4), 305(A) of BNS, 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 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 4 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 vaishali