1 2025:CGHC:54176 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8799 of 2025 Nikhil Dewangan Alias Bau S/o Chandu Lal Dewangan Aged About 19 Years R/o Behind Dr. Bhushan Clinic, Bajrang Nagar, Aamapara, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through P.S. Amleshwar, Distt. Durg, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Vivek Mishra, Advocate. For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/11/2025 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. 61/2025 registered at Police Station Amleshwar, Distt. Durg (C.G.) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sections 331(4) and 305 of BNS. 2. Case of the prosecution, in brief, is that the complainant Anish Kumar Soni lodged a report at Police Station Amleshwar, District Durg, stating that he owns a battery shop located beside Harish Cloth Store on Raipur-Patan Road. On 07.06.2025 at about 9:15 p.m., he closed his shop and went home. The next morning, on 08.06.2025, when he arrived at his shop, he found that one side lock of the shutter was broken. Upon entering, he discovered that one Ambran Company 145 Ah inverter battery, one Livguard car battery (35 Ah), and Rs.10,000/- cash kept in the drawer had been stolen by an unknown person. Based on his report, Crime No. 61/2025 was registered at Police Station Amleshwar for the offence of theft. During investigation, the applicant/accused Nikhil Dewangan alias Bau was found involved in the said offence. He was arrested and sent to judicial custody at Central Jail, Durg. In his memorandum statement, the accused confessed to committing the theft of one Livguard battery, one Ambran inverter battery, and Rs.10,000/- cash from Soni Battery Shop on 08.06.2025. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the applicant is in jail since 10.06.2025, the applicant has only one criminal antecedent of the year 2024 under the BNS, further charge-sheet has been 3 filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant/accused is alleged to have committed theft from the battery shop of Anish Kumar Soni at Amleshwar on 08.06.2025, by breaking the shutter lock and stealing one Ambran inverter battery (145 Ah), one Livguard car battery (35 Ah), and Rs.10,000/- in cash from the drawer, further based on the memorandum statement of the applicant/accused, the stolen batteries and cash were recovered/seized from his possession, which connected him directly with the commission of the offence, therefore, the applicant is not entitled for grant of bail. 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 and gravity of offence and the fact that the applicant/accused is alleged to have committed theft from the battery shop of Anish Kumar Soni at Amleshwar on 08.06.2025, by breaking the shutter lock and stealing one Ambran inverter battery (145 Ah), one Livguard car battery (35 Ah), and Rs.10,000/- in cash from the drawer and further based on the memorandum statement of the applicant/accused, the stolen 4 batteries and cash were recovered/seized from his possession and the applicant is having one criminal antecedent of the year 2024 under the BNS, but considering the detention of the applicant i.e. since 10.06.2025 and charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Nikhil Dewangan Alias Bau, involved in Crime No. 61/2025 registered at Police Station Amleshwar, Distt. Durg (C.G.) for the offence punishable under Sections 331(4) and 305 of BNS, 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 5 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. 9. 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 Akhil