1 2025:CGHC:49599 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7834 of 2025 Sahil Rathore S/o Shobhnath Rathore Aged About 19 Years R/o Mahuda, P.S. / Tahsil Jaithari, District - Anuppur (M.P.) ... Applicant versus State Of Chhattisgarh Through The P.S. Pendra, District – G.P.M. (C.G.) ---- Non-applicant For Applicant : Mr. Ritesh Verma, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.10.2025 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. 184/2025, registered at Police Station – Gaurela, District – G.P.M. (C.G.) for the offence punishable under Sections 303(2), 112(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. As per the prosecution, the applicant has been arrested in connection with Crime No. 184/2025, registered at Police Station Gaurela, for offences punishable under Sections 303(2), 112(2), and 3(5) of B.N.S. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.07 10:40:26 +0530 2 The complainant, Kaleshwar Prasad Yadav, stated in his written complaint dated 01.07.2025 that on 26.06.2025, at about 1:00 AM, after having dinner, he and his family slept, and when he woke up at 6:00 AM, he found that his Sonalika tractor bearing registration CG 10/AT 0551, second-hand purchased through Ashirvad Agency and whose ownership transfer was pending, had been stolen, valued at Rs.1,00,000/-. On 01.08.2025, based on information received, the police arrested the applicant along with co-accused, who in their memorandum statements confessed to stealing two tractors from different persons and hiding them in a forest, from where one tractor with Chassis No. HZJSG75315153 and Engine No. 3100FLU83F745449F18 was recovered. The applicant has been in judicial custody since 01.08.2025, the charge-sheet was filed on 13.08.2025, and the Additional Sessions Judge, Pendraroad, Bilaspur, rejected his bail on 11.09.2025. 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 2 criminal antecedents registered against the applicant including the present one, and the bail application for another case is also listed today bearing MCRC No. 7818/2025. It is further submitted that the charge-sheet has been filed in this case, and the co-accused has been granted bail by this Court vide orders dated 22.09.2025, passed ind MCRC Nos. 7617/2025. The applicant is in jail since 01.08.2025 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 3 application and submits that there are 2 criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that the applicant along with the co-accused persons is said to have committed the crime of theft of tractor of the complainant and the said vehicle was also seized as per the their memorandum statement, 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 2 criminal antecedents registered against the applicant including the present one, and the bail application for another case is also listed and being allowed today by this Court bearing MCRC No.7818/2025, charge-sheet has been filed against the applicant, and the co-accused has been granted bail by this Court vide orders dated 22.09.2025, passed ind MCRC Nos. 7617/2025, the applicant is in jail since 01.08.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Sahil Rathore, involved in Crime No. 184/2025, registered at Police Station – Gaurela, District – G.P.M. (C.G.) for the offence punishable under Sections 303(2), 112(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), be released on bail on his furnishing a personal bond with two local sureties in the like sum to the satisfaction of the court concerned with the following conditions:- 4 (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 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice vaibhav