1 2025:CGHC:52329 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5021 of 2025 Ashish Lal S/o Lahrilal, Aged About 26 Years, R/o Kumharpara, Jarhabhatha, Bilaspur, P.S. - Civil Line, District - Bilaspur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station - Civil Line, District - Bilaspur, Chhattisgarh ... Non-Applicant For Applicant : Mr. Ajay Kumar Chandra, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 27/10/2025 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. 419/2025, registered at Police Station – Civil Line, District - Bilaspur (C.G.) for the offence punishable under Sections 331(4), 305 and 3(5) of Bharatiya Nyay Sanhita, 2023 (in short ‘B.N.S.’). PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.28 14:32:46 +0530 2 2. The case of the prosecution, in brief, is that the complainant lodged a report at the concerned police station alleging that, on the date of the incident, some unknown persons entered the Balmiki Gurudwara and committed theft of three big Kupans, one small Kupan, and a donation box, all valued at Rs.22,000/-. On the basis of the complaint made by the complainant, the police registered a case under Sections 331(4), 305, and 3(5) of the Bhartiya Nyay Sanhita against the unknown persons. After investigation, the police arrested the present applicant based on his memorandum statement. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the police have not seized any of the alleged articles from the applicant, and that he has not committed the theft of the seized articles. It is contended that the applicant has been arrested solely on the basis of his memorandum statement. He further submits that the co-accused persons Avinash Ratre and Manas Singh has been granted regular bail by this Court on 30.07.2025 and 23.09.2025 passed in M.Cr.C. Nos.4315/2025 and 7682/2025, respectively, The learned counsel further submitted that the applicant has seven previous criminal antecedents, out of which two cases have been disposed of and five cases are still pending, the details of which have been explained through an additional affidavit. It is also submitted that the charge-sheet has already been filed, the applicant has been in 3 jail since 22.05.2025, and the trial is likely to take a considerable time for its conclusion. Therefore, the applicant prays for grant of bail. 4. On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. He further submits that the applicant has seven previous criminal antecedents, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, and the fact that co-accused persons Avinash Ratre and Manas Singh has been granted regular bail by this Court on 30.07.2025 and 23.09.2025 passed in M.Cr.C. Nos.4315/2025 and 7682/2025 respectively, further the details of criminal antecedents of the applicant have been explained through an additional affidavit, period of detention of the applicant since 22/05/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitle 7. Accordingly, the bail application is allowed. Let the applicant - Ashish Lal, involved in Crime No. 419/2025, registered at Police Station – Civil Line, District - Bilaspur (C.G.) for the offence 4 punishable under Sections 331(4), 305 and 3(5) of Bharatiya Nyay Sanhita, 2023 (in short ‘B.N.S.’), 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 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 5 proceedings against his, 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 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 his 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 Preeti