1 2025:CGHC:59481 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10053 of 2025 Ajay @ Laxmi Soni S/o Late Bhagwat Prasad Soni Aged About 43 Years R/o Village Gopalpur, Thana Darri, District- Korba (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Darri, District- Korba (C.G.) ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State. : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.12.2025 1. This is the ;rst bail application ;led 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. 180/2025 registered at Police Station Darri, District – Korba (C.G.), for the o=ences punishable under Sections 303(2), 111(1), 317(4), 324(5) of the Indian Penal Code. 2. As per the prosecution case, in brief, on 02.08.2025 at about 2:43 PM, the complainant, namely Sujit Kumar Yadav, lodged a report stating that an unknown person had committed theft of a Swift car bearing No. CG- 04-H-4569 from the main road in front of his house. Thereafter, the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.09 11:06:17 +0530 2 complainant lodged an FIR against the unknown person, and during the course of investigation, the police arrested the applicant. 3. Learned counsel for the applicant submits that the applicant is an innocent person who has been falsely implicated in the case. He submits that although the applicant has six criminal antecedents, four cases have already been disposed of and only two are still pending, for which explanations have been provided in paragraph 4(a) of the present bail application. He further submits that the applicant has been in jail since 03.08.2025 and that conclusion of the trial may take some time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. He further submits that the present applicant has 06 criminal antecedents, out of which 03 cases are of the similar nature, shows that the applicant is a habitual o=ender, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, and the fact that though the applicant has 06 criminal antecedents, 04 cases have already been disposed of and only 02 are still pending, for which explanations have been provided in paragraph 4(a) of the present bail application, moreover, the charge-sheet has already been submitted before the competent Court in the present case, the applicant has been languishing in jail since 03.08.2025, conclusion of the trial may take some more time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Ajay @ Laxmi Soni, involved in Crime No. 180/2025 3 registered at Police Station Darri, District – Korba (C.G.), for the o=ences punishable under Sections 303(2), 111(1), 317(4), 324(5) of the Indian Penal Code, be released on bail on furnishing 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 suBcient 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 ;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 4 suBcient 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. OBce 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 Abhishek