1 2025:CGHC:56800 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8835 of 2025 Deepak Kumar Prajapati S/o Premsay Prajapati Aged About 24 Years R/o Parvatipur, Bargidih, Police Station And Tehsil- Lundra, District- Sarguja (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Sitapur, District- Sarguja (C.G.) ... Respondent For Applicant : Shri Sourabh Sonwani, Advocate. For Respondent/State : Shri Swajeet Singh Ubeja, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/11/2025 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.355/2025 registered at Police Station Sitapur, District- Sarguja GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.24 11:03:41 +0530 2 (C.G.) for the offence punishable under Sections 303(2) and 111(2) (B) of B.N.S. 2. Case of the prosecution, in brief, is that the complainant’s Motor Cycle Honda Shine no. CG15 CX 0962 was theft by the applicant, on the basis of memorandum statement of other co-accused on 14.09.2025 concern police station registered the F.I.R punishable for offence under section 303(2) and 111(2)(B) of B.N.S. and arrested the applicant on 14.09.2025 and produced him before the JMFC Sitapur and send him to judicial custody. 3. Learned counsel for the applicant submits the present applicant is innocent and have falsely been implicated in this case. He would submit that the applicant has been implicated in the case on the basis of memorandum statement of the other co-accused. He would submit that there is no recovery of motorcycle from the applicant, charge sheet has been filed in this case, the applicant is in jail since 14/09/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal antecedents. 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, nature of allegation levelled against the applicant, period of detention of the applicant since 14/09/2025, charge sheet has been filed, 3 applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Deepak Kumar Prajapati, involved in Crime No.355/2025 registered at Police Station Sitapur, District- Sarguja (C.G.) for the offence punishable under Sections 303(2) and 111(2) (B) of B.N.S., 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. 4 (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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri