1 2025:CGHC:53421 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7672 of 2025 • Suraj Choudhary S/o Kamla Prasad Choudhary Aged About 24 Years R/o Village Kudri, Police Station Nourozabad, District- Umariya ( M.P. ). ... Applicant versus • State of Chhattisgarh Through- Police Station Gaurela, District- Gaurela- Pendra- Marwahi Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Yogendra Chaturvedi, Advocate For Respondent/State : Mr. Bharat Gulbani, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 31.10.2025 1. This is a second first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 94/2025 registered at Police Station – Gaurela, District –Gaurela-Pendra- Marwahi (C.G.) for the offence punishable under Sections 303(2), 111, 3(5) of BNS. 2. The first bail application filed by the applicant has been rejected by this Court in MCRC No.6908 of 2025 vide order dated VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.03 17:42:25 +0530 2 01.09.2025. 3. Case of the prosecution, in brief, is that the complainant Mahesh Singh lodged a written report at the Police Station Gaurela on 15.04.2025 to the effect that on 15.04.2025 at around 12.00 pm, his son Tapeshwar Paikara went to Gaurela for purchasing clothes by his motorcycle HF Deluxe No. CG-10-AT-8433 with Engine No. HA11ENAGD17359 Chassis No. MBLHAWO2XAGD17625 worth around Rs 30,000/-. At around 02.00 pm, he parked his motorcycle behind the Gaurela market parking, locked it and went inside the market. It is further said that he returned at around 02.20 pm and found that the motorcycle was not at the place where he had parked it. Some unknown person had stolen the motorcycle by breaking the lock. On the basis of the above written report of the applicant, the Gaurela Police Station registered a case under Section 303 (2) against the unknown accused person as Crime No. 94/2025, investigated the matter and filed charge sheet against the applicant. 4. Learned counsel for the applicant submits applicant is innocent and has falsely been implicated in the instant case. It has been argued by learned counsel for the applicant that the applicant was employee of Mohd. Rashid @ Shakir, in whose garage applicant used to work. He further submits that co-accused Mohd. Rashid @ Shakir has already been granted bail by this Court in MCRC No.5951 of 2025 vide order dated 06.08.2025, therefore, he prays for releasing the applicant on regular bail on the ground of parity. 5. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the co-accused namely Mohd. 3 Rashid @ Shakir, who has been granted bail by this Court on the ground that his name is came in to light of the memorandum statement of the present applicant and he has neither criminal antecedent nor any recovery made from the co-accused Mohd. Rashid @ Shakir, but recovery of the motorcycle has been made from the possession of the present applicant and applicant have six criminal antecedents of similar nature in instant case registered with different crime numbers, out of which applicant has already been granted bail in three cases by this Court. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, nature and gravity of offence, submissions made by learned counsel for the parties and also considering the fact that co-accused namely Mohd. Rashid @ Shakir has also been granted bail by this Court in MCRC No.5951 of 2025 vide order dated 06.08.2025 and applicant have six criminal antecedents of similar nature in instant case registered with different crime numbers and out of which applicant has already been granted bail in three cases by this Court, conclusion of trial is likely to take some time, therefore, I am inclined to allow this application. 8. Let the applicant, Suraj Choudhary involved in Crime No.94/2025 registered at Police Station – Gaurela, District –Gaurela-Pendra- Marwahi (C.G.) for the offence punishable under Sections 303(2), 111, 3(5) of BNS, be released on bail on their furnishing a personal bond with two local sureties in the like sum to the satisfaction of the court concerned with the following conditions:- 4 (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 of liberty of bail and proceed against him in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice vaishali