1 2025:CGHC:52975 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8602 of 2025 Deepak Goswami S/o Shri Bhajanta Goswami Aged About 22 Years R/o - Village- Kesla, Chowki- Kotmi, Police Station- Pendra, Tehsil- Sakola, District : Gaurela-Pendra-Marwahi, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through P.S.- Gaurela, District – Gaurela-Pendra- Marwahi, Chhattisgarh ---- Non-applicant For Applicant : Mr. Achyut Tiwari, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 289/2022, registered at Police Station – Gaurela, District – Gaurela-Pendra- Marwahi (C.G.) for the o9ence punishable under Sections 457, 380 and 34 of the IPC. 2. The case of the prosecution, is that the complainant, Shri Ganga Prasad Rathore, lodged a report stating that on 08.07.2022, after locking one RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 room of his house, he and his family members went to sleep in the adjacent room after having dinner at around 09:00 p.m. It is alleged that on 09.07.2022, at about 04:00 a.m., when the complainant woke up, he found that the door of the locked room was open and the lock was broken. Upon inspection, it was discovered that the box kept inside the said room was missing. The said box contained gems worth ₹50,430/-, one gold mangalsutra, a locket, phuliya, jhumka, a pair of silver anklets, a hop kardhan, brass utensils, a plate, wallet, and all amounting to approximately 290,000/-. It was further alleged that the box was later found discarded in a clothes @eld at some distance from his house. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the applicant was arrested along with the other co-accused persons in case Crime No. 27/2023 registered at Police Station Marwahi, District – GPM (C.G.) for o9ence under Sections 457, 380, 458, 382, 413, and 34 of IPC and Section 25 of Arms Act, and he has been acquitted in the said case by the trial Court, and on the basis of the said recovery and memorandum statement, the applicant was also implicated in the present case also which was of the year 2022, and so far as the criminal antecedents which are 8 in numbers including Crime No.27/2023 are concerned, in all the said antecedents the applicant was implicated in the same manner and has been acquitted by the trial Court. It is further submitted that the charge-sheet has been @led in this case. The applicant is in jail since 22.03.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail 3 application and submits that there are a total of 8 criminal antecedents registered against the present applicant besides the present one, the charge-sheet has been @led in this case, and the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant was arrested along with the other co-accused persons in case Crime No. 27/2023 registered at Police Station Marwahi, District – GPM (C.G.) for o9ence under Sections 457, 380, 458, 382, 413, and 34 of IPC and Section 25 of Arms Act, and he has been acquitted in the said case by the trial Court, and on the basis of the said recovery and memorandum statement, the applicant was also implicated in the present case also which was of the year 2022, and so far as the criminal antecedents which are 8 in numbers including Crime No.27/2023 are concerned, in all the said antecedents the applicant was implicated in the same manner and has been acquitted by the trial Court, charge-sheet has been @led against the applicant, the applicant is in jail since 22.03.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Deepak Goswami, involved in Crime No. 289/2022, registered at Police Station – Gaurela, District – Gaurela-Pendra- Marwahi (C.G.) for the o9ence punishable under Sections 457, 380 and 34 of the IPC, 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:- 4 (i) The applicant shall @le an undertaking to the e9ect that he shall not seek any adjournment on the dates @xed 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 @xed, either personally or through his counsel. In case of his absence, without suDcient 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 @xed 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 @xed 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 suDcient 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. ODce is directed to send a certi@ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar