1 2025:CGHC:5192 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7396 of 2025 Ajuba Sisodiya S/o Ramnarayan Aged About 28 Years R/o Village Ghatiyakhurd, Police Station Nandini Nagar, District : Durg, Chhattisgarh --- Applicant(s) versus State Of Chhattisgarh Through Police Station Gandai, District : Khairagarh-Chhuikhadan-Gandai, Chhattisgarh --- Non-applicant(s) MCRC No. 7471 of 2025 Ajuba Sisodiya S/o Ramnarayan Aged About 28 Years R/o Village Ghatiyakhurd, Police Station Nandini Nagar, District : Durg, Chhattisgarh ---Applicant(s) Versus State Of Chhattisgarh Through Police Station Gandai, District : Khairagarh-Chhuikhadan-Gandai, Chhattisgarh --- Non-applicant(s) For Applicant(s) : Mr. Siddharth Pandey, Advocate For Respondent(s) : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.10.2025 1. Since the above two bail applications are arising out of same incidents registered at same police station and also the applicant is same in above two bail applications but their crime numbers and KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 offences are different, they are being heard and decided by this common order. 2. The applicant has preferred these First Bail Applications under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.113/2025 and Crime No.115/2025 respectively, registered at Police Station - Gandai, District- Khairagarh- Chhuikhadan Gandai (C.G.) for the offence punishable under Sections 331(4), 305(a) read with Section 3(5) of B.N.S. 2023 and offence punishable under Sections 331(3), 305(a) read with Section 3(5) of B.N.S. 2023 respectively . 3. In MCRC No.7396/2025, the case of the prosecution, in brief, is that on 08.05.2025, the complainant, Karan Nishad, lodged a written complaint at Police Station Gandai, stating therein that on 07.05.2025, his neighbour called him and informed him that the lock of the door of his house was broken. Upon receiving the information, he returned home. When he went inside, he saw that the items in the room were scattered. The lock of the cupboard was broken. Some unknown person broke the lock of his house and stole silver ornaments and cash worth Rs. 49,000/-. On the basis of the aforementioned, the FIR was registered against unknown person(s) for the offences punishable under Sections 331(4), 305(a), read with Section 3(5) of the BNS, 2023. During the course of investigation, the present applicant has been arrested on the basis of memorandum statement. 3 4. In MCRC No.7471/2025, the case of the prosecution in brief is that on 08.05.2025, the complainant, Omkar Verma, lodged a written complaint at Police Station Gandai, stating therein that he and his brother, who live in Nagpur for the last 15-20 years, had come to their village to attend a wedding ceremony. On 07.05.2025, his mother informed him that unknown thieves broke into their house at night, damaged the locks and cupboards and stole jewelry. Upon returning home, the complainant found that gold and silver ornaments worth ₹48,000/- were missing. On the basis of the aforementioned, the FIR was registered against unknown persons for offences punishable under Sections 331(3), 305(a), read with Section 3(5) of the BNS, 2023. During the course of investigation, the present applicant has been arrested on the basis of memorandum statement. 5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that two cases have been registered against the applicant solely on the basis of the memorandum statements of the co- accused. It is further submitted that silver ornaments, a gold necklace, and a mobile phone have been recovered from the possession of the applicant. However, except for the present two cases, the applicant has no criminal antecedents. It is also submitted that the charge-sheet has already been filed before the competent Court, and the applicant is in judicial custody since 02.08.2025. As the conclusion of the trial is likely to take some time, the applicant prays for grant of bail. 4 6. Learned State counsel opposes the prayer for grant of bail and submits that during the course of investigation, stolen articles were recovered from the possession of the applicant, clearly connecting him with the commission of the offence. It is further submitted that the offences alleged are of a serious nature and if released on bail, there is a likelihood of the applicant tampering with evidence or influencing witnesses. Hence, the applicant is not entitled to be released on bail. 7. I have heard learned counsel for the parties and perused the case- diary. 8. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 02.08.2025 and the recovery being made and the fact that in the present case, charge- sheet has been filed before the competent Court, which is taken on record and the applicant has no previous criminal antecedent except the present two cases and no further interrogation is required and the trial is likely to take some time for its conclusion, therefore, without further commenting anything on merits, I am inclined to grant bail to the applicant. 9. 9. Let applicant, Ajuba Sisodiya, involved in Crime No.113/2025 and Crime No.115/2025 respectively, registered at Police Station - Gandai, District- Khairagarh-Chhuikhadan-Gandai (C.G.) for the offence punishable under Sections 331(4), 305(a) read with Section 3(5) of B.N.S. 2023 and offence punishable under Sections 331(3), 305(a) read with Section 3(5) of B.N.S. 2023 respectively, be released on bail on furnishing personal bond with two 5 sureties in each case 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 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 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. (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 6 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 Kunal