1 2025:CGHC:51951 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8421 of 2025 Prem Netam S/o Dildar, Aged About 18 Years, R/o Police Town, Dewar Dera, Farid Nagar, Supela Bhilai, District - Durg (C.G.) ... Applicant versus State of Chhattisgarh Through SHO, Thana - Supela, District - Durg (C.G.), ... Respondent For Applicant : Mr. Arvind Prasad, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 17/10/2025 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. 758/2025, registered at Outpost – Smriti Nagar, Thana – Supela, District – Durg (C.G.) for the offence punishable under Sections 331(4), 305 and 111 of Bharatiya Nyay Sanhita, 2023 (in short ‘B.N.S.’). PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.17 16:19:00 +0530 2 2. The case of the prosecution, in brief, is that on 28.06.2025, the complainant, namely, Sudip Kumar Agrawal has lodged the report stating that between 27th to 28th June, 2025 some unknown person entered into his house and committed theft of articles like tap, shower amounting Rs.45,000/-. On the basis of the above report, offence has been registered against the present applicant. 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 applicant has been made accused only on the basis of the memorandum statement of co-accused persons. He further submits that there are two previous criminal antecedents of the applicant of the year 2025 under Crime Nos. 352/2025 and 667/2025 but at that time, the applicant was juvenile and in those two cases he has already been granted bail. He further submits that charge-sheet has been filed and he is in jail since 29.06.2025 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 opposed the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the articles like tap, wire amounting to Rs.12,000/- has been found from the possession of the applicant, further, the applicant has two previous criminal antecedents of the year 2025 but at that time the applicant was juvenile and in those two cases the applicant has been granted bail. 3 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 and gravity of allegation levelled against the applicant and the fact that the applicant has only stolen items like tap, wire etc. further, though the applicant has two criminal antecedents but in those cases he has already been granted bail, further the charge- sheet has been filed and he is in jail since 29.06.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Accordingly, the bail application is allowed. Let the applicant – Prem Netam, involved in Crime No. 758/2025, registered at Outpost – Smriti Nagar, Police Station – Supela, District – Durg (C.G.) for the offence punishable under Sections 331(4), 305 and 111 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 4 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 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 5 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