1 2025:CGHC:54846 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9024 of 2025 Prince Raj @ Janu S/o Late Pramod Singh Thakur Aged About 29 Years R/o Bachhera, Police Station Sirgitti, District – Bilaspur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Station House O*cer, Police Station Sarkanda, District – Bilaspur, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Gaurav Singhal, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.11.2025 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 No. 214/2025, registered at Police Station – Sarkanda, District – Bilaspur (C.G.) for the o=ence punishable under Section 303(2) of the BNS. 2. The case of the prosecution, is that the complainant made complaint to the Police Station concerned that on 01.02.2025, he parked his motorcycle bearing Registration Number CG-28-K-2111 near the o*ce of ABVP, Bangali Para Sarkanda, and in the midnight of RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 01.02.2025/02.02.2025, some unknown persons have stolen the said vehicle, during the course of investigation, the Police receive information that the applicant trying to sale the said stolen motorcycle at Smritivan Bilaspur, and the Police caught hold the applicant with the stolen motorcycle. 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 are 5 criminal antecedents registered against the present applicant out of which 3 are pending and 2 are disposed of. It is further submitted that the charge-sheet has been @led in this case. The applicant is in jail since 07.04.2025 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 are 5 criminal antecedents registered against the present applicant, and the charge-sheet has been @led in this case. It is further submitted that the applicant is said to have committed theft of motorcycle of the complainant, 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, nature and gravity of allegation levelled against the applicant and the fact that there are 5 criminal antecedents registered against the present applicant out of which 3 are pending and 2 are disposed of, charge-sheet has been @led against the applicant, the applicant is in jail since 07.04.2025 and conclusion of the trial is likely to take some time, I am inclined to allow 3 this application. 7. Let applicant, Prince Raj @ Janu, involved in Crime No. 214/2025, registered at Police Station – Sarkanda, District – Bilaspur (C.G.) for the o=ence punishable under Section 303(2) 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 su*cient 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, 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 su*cient 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. O*ce 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