1 2025:CGHC:55318 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9104 of 2025 Sarfuddin S/o Samsuddin Aged About 42 Years R/o- Sadak No. 51, Quarter No. 03, Sector 6, Bhilai, District Durg C.G. ... Applicant(s) versus State Of Chhattisgarh Through The S H O Police Station Gunderdehi, District - Balod C.G. ... Respondent(s) For Applicant(s) : Mr. Avinash Chand Sahu, Advocate For Respondent(s) : Mr. Swajeet Ubeja, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.11.2025 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.36/2025, registered at Police Station- Gunderdehi, District - Balod (C.G.) for the offence punishable under Sections 331(4), 305, 238, 317(4), 112 and 3(5) of the BNS, 2023. MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.11.13 17:21:56 +0530 2 2. As per the prosecution story, in brief, a report was lodged by the complainant alleging that between 18.02.2025 at around 10:00 PM and 19.02.2025 at 9:00 AM, some unknown person broke open the lock of the door of his house situated at Kanhaiya Vihar Colony, Gunderdehi, entered inside, and committed theft of cash amounting to Rs.4,65,000/- and gold and silver jewellery worth Rs.5,25,000/- from the cupboard kept in the bedroom. Thus, a total theft of property worth Rs.9,90,000/- was reported. During investigation, it was revealed that the co-accused persons had entered the complainant’s house at night and stolen the said jewellery and cash, and the present applicant was found to have kept the stolen jewellery in his possession and assisted in its sale to other co-accused persons. 3. On the basis of the complainant’s report, a crime was registered against unknown persons at the concerned police station, and the matter was taken up for investigation. During investigation, the accused persons were traced, and on the basis of their memorandum statements, the stolen articles, implements used in the theft, and the remaining stolen amount were recovered. The accused were then taken into custody. 4. Accordingly, offences under Sections 331(4), 305, 238, 317(4), 112, and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 457, 380, 201, 413, and 34 of the Indian Penal Code) were registered. During the course of investigation, the present applicant was also arrested in 3 connection with the said offence. Hence, this bail application is being preferred. 5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the instant case. It is contended that there is no direct allegation of theft against the present applicant, and his implication rests solely on the memorandum statement of co-accused persons. The FIR itself was lodged against unknown persons, and in order to conclude the investigation, the police have mechanically connected the present applicant with the theft case without any substantive evidence. It is further submitted that no proper identification of the stolen articles has been conducted, nor has the complainant provided any detailed description of the alleged stolen property in the FIR. The only allegation attributed to the applicant is that he allegedly informed the main accused about the place where the silver ornaments could be sold or mortgaged, which by itself does not constitute participation in the alleged theft. So far as criminal antecedents of the applicant are concerned, the same has been explained in para 4(A) of the bail application. He lastly submits that applicant is languishing in jail since 15.05.2025 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 6. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicant and also the submissions advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the case diary. 8. From perusal of the record, it appears that as per the prosecution story, the allegation against the present applicant is that he had kept the stolen ornaments and assisted the co-accused in selling or mortgaging the same. It is not the case of the prosecution that the applicant himself participated in the actual commission of theft or house-breaking. No stolen article has been recovered from his possession, and his arrest rests solely on the memorandum statement of the co-accused. Further, there is also no independent or direct evidence connecting the applicant with the offence in question. The investigation in the matter has been completed, the charge-sheet has already been filed, and the applicant has remained in custody since 15.05.2025, and the trial is likely to take considerable time to conclude. In view of the aforesaid facts and circumstances, and without commenting upon the merits of the case, this Court is of the opinion that the applicant deserves to be enlarged on bail. 9. Let applicant, Sarfuddin, involved in Crime No.36/2025, registered at Police Station- Gunderdehi, District - Balod (C.G.) for the offence punishable under Sections 331(4), 305, 238, 317(4), 112 and 3(5) of the BNS, 2023, be released on bail on his 5 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 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 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. If in the opinion of the trial court absence of the 6 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. 10. 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 Manpreet