1 2025:CGHC:3688 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 601 of 2025 Suraj Yadav S/o Ashok Yadav Aged About 23 Years R/o Kanji House Gali, Parsabhanta, Balco Nagar, Tahsil And District Korba (C.G.) ... Applicant versus State of Chhattisgarh Through - Police Station - Balco Nagar, Korba, Distt.- Korba (C.G.) ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State. : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.01.2025 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. 352/2024 registered at Police Station Balco Nagar, District – Korba (C.G.), for the offences punishable under Section 303(2) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case, in brief, is that on July 5, 2024, complainant Harish Maravi filed a written report against an unknown person, stating that the unknown person had stolen a vehicle from 2 Parsabhanta Bazar Chowk. The police subsequently lodged an FIR against the unknown person and, after investigation, arrested co- accused Rajkumar Yadav. Based on Rajkumar Yadav's statement, the present applicant was arrested. 3. Learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in the aforementioned case. He submits that only on the basis of the memorandum statement of the co-accused, namely, Rajkumar Yadav the applicant made an accused in the present case. He also submits that the present applicant has 04 criminal antecedents under the IPC to which he has already been given explanation in the bail application. He further submits that the applicant is in jaion since 07.07.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the 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 submitted before the competent Court in the present case. He further submits that the present applicant has 04 criminal antecedents under the IPC, which shows that he is a habitual offender, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, and the fact that the present applicant has 04 criminal antecedents 3 under the IPC to which he has already been given explanation in the bail application. Moreover, the charge-sheet has already been submitted before the competent Court in the present case, and the applicant has been languishing in jail since 07.07.2024, and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Suraj Yadav, involved in Crime No. 352/2024 registered at Police Station Balco Nagar, District – Korba (C.G.), for the offences punishable under Section 303(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 sufÏcient 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 4 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 sufÏcient 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. OfÏce 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 Abhishek ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.22 11:10:35 +0530