1 2025:CGHC:54889 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.7910 of 2025 Pranay Kunjam S/o Neel Kunjam Aged About 23 Years R/o Singadai, Police Station- Basantpur, District Rajnandgaon (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station- Devri (As Per Fir), District Balod (C.G.) ... Non-applicant For Applicant : Mr. Kashish Saluja, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, 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. 22/2025 registered at Police Station – Devri District - Balod (C.G.), for the offences punishable under Section 303(2) of the BNS. 2. The prosecution story in brief, the complainant of the case lodged a report to the effect that on 18.02.2025, he had gone to Chenderiban Navagaon to attend a wedding on his friend Nakul Marjive's Jupiter scooty no. CG 08 AW 8629 and the said vehicle was parked in an VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.12 12:26:34 +0530 2 open space in front of Navagaon Sahu Community Hall, but the said vehicle was not found at the place where it was kept, some unknown thief has stolen it, on the report of which the crime was registered and investigation was started, during the investigation, information was received from Lalbagh police station that the said stolen vehicle has been seized in the crime number 240/2025, section 34(2) of the excise actof Lalbagh police station, District- Rajnandgaon, thereafter in the course of investigation, the police station pinkapar of Devri outpost in the crime number 22/2025, the said stolen vehicle was seized and the accused was arrested. 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 as the ingredients of the alleged offences are not attracted against him. There is no material or evidence available on record to connect the present applicant with the alleged crime. The applicant, aged about 26 years, is engaged in labour work and is the sole breadwinner of his family. He has been in judicial custody since 23.05.2025. The applicant is a permanent resident of the address mentioned in the cause title, and therefore there is no likelihood of his absconding or tampering with the prosecution witnesses. The applicant is ready and willing to furnish adequate surety and undertakes to abide by all the directions and conditions that may be imposed by this Hon’ble Court, 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 been 3 filed in the present case. 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 alleged against the present applicant, and taking into account that the charge-sheet has already been filed before the competent Court, the applicant has been in judicial custody since 23.08.2025, and the conclusion of the trial is likely to take some more time, this Court is of the considered opinion that the applicant deserves to be enlarged on bail in the present case. 7. Let the Applicant – Pranay Kunjam, involved in Crime No. 22/2025 registered at Police Station – Devri District - Balod (C.G.), for the offences punishable under Section 303(2) of the 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 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 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 4 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