1 2025:CGHC:54240 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7339 of 2025 Dhananjay Prasad Chaudhry S/o Vidya Sagar Prasad Aged About 32 Years R/o Milan Chowk Camp 02, Near Nishad Seva Samiti, P.S. Chhawani Bhilai, Distt. Durg, Chhattisgarh. --- Applicant versus State Of Chhattisgarh Through The SHO P.S. Mohan Nagar, District – Durg, Chhattisgarh. --- Non-applicant Along with MCRC No. 7757 of 2025 Dhananjay Prasad Chaudhary S/o Vidya Sagar Prasad Aged About 32 Years R/o- Milan Chowk Camp-02, Near Nishad Seva Samiti, Police Station Chhawani Bhilai, District Durg (C.G.) ---Applicant Versus State Of Chhattisgarh Through The SHO Police Station Mohan Nagar, District – Durg (C.G.) ---- Non-applicant For Applicant : Mr. Avinash Chand Sahu, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.11.2025 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 Nos. 215/2025 and 254/2025, registered at Police Station – Mohan Nagar, District – Durg (C.G.) for the o:ence punishable under Sections 331(4), 305(A), 3(5) and 111(2)(B) of the BNS. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 2. The case of the prosecution, is that the report has been lodged by the complainants in the Police Station concerned that some unknown persons by breaking the lock of their houses, and other rooms of the houses, committed the crime of theft of gold and silver ornaments, and during the course of investigation, the applicant has been arrested by the Police. 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 and there is one more criminal antecedent registered against the present applicant besides the present cases. It is further submitted that the charge-sheet has been <led in this case. The applicant is in jail since 04.07.2025 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 application and submits that there is one more criminal antecedent registered against the present applicant besides the present cases, and the charge-sheet has been <led in this case. It is further submitted that the report has been lodged by the complainants in the Police Station concerned that some unknown persons by breaking the lock of their houses, and other rooms of the houses, committed the crime of theft of gold and silver ornaments, and during the course of investigation, the applicant has been arrested by the Police, therefore, he 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, 3 nature and gravity of allegation levelled against the applicant and the fact that there is one more criminal antecedent registered against the present applicant besides the present cases, charge-sheet has been <led against the applicant, the applicant is in jail since 04.07.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Dhananjay Prasad Chaudhary, involved in Crime Nos. 215/2025 and 254/2025, registered at Police Station – Mohan Nagar, District – Durg (C.G.) for the o:ence punishable under Sections 331(4), 305(A), 3(5) and 111(2)(B) of the 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 <le an undertaking to the e:ect 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 suAcient 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, 4 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 suAcient 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. OAce 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