1 2025:CGHC:57535 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7791 of 2025 Sundar Lal Dhiwar S/o Gopal Prasad Dhiwar Aged About 35 Years R/o Kosmanda, Thana- Champa, District- Janjgir-Champa, C.G. ...Applicant versus State Of Chhattisgarh Through Police Station- Torwa, District- Bilaspur, C.G. ...Non-applicant For Applicant : Mr. Krishna Kumar Khatri, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 26.11.2025 1. This is the first bail application filed 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. 371/2025 registered at Police Station - Torwa,, District - Bilaspur (C.G.), for the offences punishable under Section 303(2) of the BNS 2023. 2. The prosecution case, in brief, is that during investigation conducted against the accused, the police found a prima facie case of theft. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.27 10:44:33 +0530 2 Accordingly, Police Station Torwa, District Bilaspur (C.G.) registered Crime No. 371/2025 against the applicant/accused under Section 303(2) of the Indian Penal Code. After collecting evidence, the investigation proceeded further, and the applicant/accused was arrested and produced before the Court of the Judicial Magistrate First Class, Bilaspur (C.G.). His bail application was thereafter filed before the Sessions Court, Bilaspur (C.G.), which was later transferred to the Court of the Eleventh Additional Sessions Judge, Bilaspur (C.G.) (Presided over by Shri Vijendra Sonwani), where the same was rejected on 17.09.2025. Being aggrieved by the rejection of the bail application, the present application has been filed before the Hon’ble High Court of Chhattisgarh at Bilaspur (C.G.) for consideration. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that in the present case on the basis of pocket witnesses, though the alleged offence is neither punishable with life imprisonment nor with death penalty and is triable by the Court of the Judicial Magistrate First Class, Bilaspur (C.G.) and he has been in judicial custody since 09.09.2025, therefore, he prays for grant of regular bail to the present 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 filed in the present case, and the applicant has one criminal antecedent, therefore, he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence levelled against the present applicant, and also taking into account that the applicant has one criminal antecedent, that the charge-sheet has been filed before the competent Court, and the applicant has been in judicial custody since 09.09.2025, and conclusion of the trial may take some more time, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Sundar Lal Dhiwar, involved in Crime No. 371/2025 registered at Police Station - Torwa, District - Bilaspur (C.G.), for the offences punishable under Section 303(2) of the BNS 2023, be released on bail on his furnishing 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 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 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 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. 4 (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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav