1 2025:CGHC:53114 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7561 of 2025 Arman Khan S/o Ajij Khan Aged About 20 Years R/o Budaura Kumhapur, Ps Raniganj District Pratapgarh, Uttar Pradesh ... Applicant(s) versus State Of Chhattisgarh By PS Sanaud, Distt. Balod (C.G.) ... Respondent(s) For Applicant(s) : Mr. Shivam Agrawal, Advocate For Respondent(s) : Ms. Smriti Shrivastava, 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 (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.138/2024, registered at Police Station Sanaud, Distt. Balod (C.G.) for the offence punishable under Sections 331(4), 305, 3(5) of the BNS. 2. The case of the prosecution, in a nutshell is that the complainant ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.31 11:30:09 +0530 2 reported the matter that in the night of 19.09.2024 some unknown person(s) broke into his Lakshmi Krishi Kendra & Hardware Shop in Village Arkar and when on the next morning his uncle Kedarnath Dewangan saw the broken lock & opened the shutter, they checked the shop and found out that somebody has stolen Rs 1,45,370/- (Rupees One Lakh Forty-Five Thousand Three Hundred Seventy Only) from the counter. Police registered the FIR against unknown persons for alleged offences under Sections 331 (4), 305 of the B.N.S. 2023. Investigation is complete and the charge-sheet has been filed. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that solely on the basis of the memorandum of the co-accused/child in conflict with law, with no independent evidence, seizure, or recovery from him, the applicant has been implicated in the case. The FIR was initially lodged against unknown persons and the applicant has been apprehended merely on suspicion. The statements under Section 180 BNSS were recorded after more than ten months of the alleged incident, casting serious doubt on the investigation. Further, the essential ingredients of the alleged offences are not prima facie made out. He further submits that so far as criminal antecedents of the applicant are concerned, he has only one previous case pending against him which has been explained in para 4A of the bail application. He lastly submits that applicant is 3 in jail since 01.08.2025 and though the charge-sheet has already been filed, the conclusion of the trial is likely to take some time, hence he prays for grant of bail to the applicant. 4. On the other hand, learned counsel for the State opposes the bail application of the applicant but could not dispute that the fact that the applicant has only one previous criminal antecedent pending against him. 5. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that solely on the basis of the memorandum of the co- accused/child in conflict with law, with no independent evidence, seizure, or recovery from him, the applicant has been implicated in the case and furthermore, the applicant has only one previous criminal antecedent pending against him which has already been explained in the bail application and the applicant is in jail since 01.08.2025, charge-sheet has already been filed and conclusion of the trial is likely to take some time hence, I am inclined to allow this application. 6. Let applicant, Arman Khan, involved in Crime No.138/2024, registered at Police Station Sanaud, Distt. Balod (C.G.) for the offence punishable under Sections 331(4), 305, 3(5) of the BNS., be released on bail on his furnishing a 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 4 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 them 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 Bharatiya Nyaya Sanhita 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 with law, under Section Section 209 of 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. 5 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. 7. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek