1 2025:CGHC:53838 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7763 of 2025 Pooja Verma @ Lokeshwari Verma W/o Suryakant Verma, Aged About 29 Years R/o Block No. 65, Housing Board Colony, Boriyakala, Raipur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through - Station House O/cer, Police Station Mujgahan, Raipur, District – Raipur (C.G.) ---- Non-applicant For Applicant : Mr. Bharat Lal Sahu, Advocate. For Non-applicant/State : Mr. Swajeet Singh Ubeja, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.11.2025 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. 137/2025, registered at Police Station – Mujgahan, Raipur, District – Raipur (C.G.) for the o@ence punishable under Sections 331(4), 326(A) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the complainant has lodged a report to the concerned Police Station, alleging that on the date of incident, the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 unknown persons have entered into the house by breaking lock and damaged the domestic articles and clothe, ration card, adhaar card, passbook, and on the basis of the complaint made by the complainant, the crime was registered and during the course of investigation, the applicant was arrested on the basis of the memorandum statement. Hence, this application. 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 is three criminal antecedents registered against the present applicant of similar nature. It is further submitted that the charge-sheet has not been Bled in this case. The applicant is in jail since 16.07.2025 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 application and submits that there is three criminal antecedents registered against the present applicant of similar nature, and the charge-sheet has not been Bled in this case. It is further submitted that on the date of incident, the unknown persons have entered into the house by breaking lock and damaged the domestic articles and clothe, ration card, adhaar card, passbook, and on the basis of the complaint made by the complainant, the crime was registered and during the course of investigation, the applicant was arrested on the basis of the 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 3 and gravity of allegation levelled against the applicant and the fact that there is three criminal antecedents registered against the present applicant of similar nature, charge-sheet has not been Bled against the applicant, the applicant is in jail since 16.07.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Pooja Verma @ Lokeshwari Verma, involved in Crime No. 137/2025, registered at Police Station – Mujgahan, Raipur, District – Raipur (C.G.) for the o@ence punishable under Sections 331(4), 326(A) and 3(5) of the BNS, 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 Ble an undertaking to the e@ect that he shall not seek any adjournment on the dates Bxed 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 Bxed, either personally or through his counsel. In case of his absence, without su/cient 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 Bxed 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 Bxed for (i) opening of the case, (ii) framing of charge and (iii) recording of 4 statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without su/cient 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. O/ce is directed to send a certiBed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar