1 2025:CGHC:51498 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8287 of 2025 Prince Kumar Soni S/o Suresh Prasad Soni Aged About 30 Years R/o Village- Tandava, Police Station- Gadhva, Distt- Gadhva, ( Jharkhand ). ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Manipur, Distt- Surguja Chhattisgarh ... Respondent For Applicant : Shri Raj Bahadur Singh, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/10/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.183/2025 registered at Police Station Manipur, Distt. Surguja (C.G.) for the offence punishable under Sections 331(4), 305-A, 317(2), 3(5), 111(4) of BNS. 2. Case of the prosecution, in brief, is that on 20.06.2025 the complainant namely Shanta Gadhva has lodged written report at Police station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.16 14:39:40 +0530 2 Manipur Distt. Surguja (C.G.) with the averment that on 14.06.2025 at about 10:00 PM they by locking the door went to Odisha for selling Cup & Plate, they came on 20.06.2025 at about 2:00 PM at their home and saw that, the lock of main gate and door was broken and the mother cycle Royal Enfield bearing registration no. CG-15-EB-0855, one pair gold tops, two pair silver bangle and cash of Rs. 80,000/- which has been kept in Almirah was stolen by unknown person, so on the basis of written report concern Police of Police Station Manipur has registered the FIR against unknown person in Crime No. 183/2025 for the offence punishable U/s 305(a), 331(4) of BNS. During the course investigation, the present applicant was arrested on the basis of the memorandum statement of the co-accused for the alleged that, the present applicant has purchased the stolen article from the co-accused and after due investigation the Charge Sheet has been filed for the offence punishable under section 331(4), 305-A, 317(2), 3(5), 111(4) of BNS against the present applicant and other co-accused. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the allegation against the present applicant is that he has purchased the stolen properly as he has no any knowledge that, the article which he purchased is stolen property. He would submit that the charge sheet has been filed in this case, applicant is in jail since 25/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case 3 before the competent court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, considering the nature of allegation levelled against the applicant that he has purchased the stolen property, period of detention of the applicant since 25/06/2025, 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 entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Prince Kumar Soni, involved in Crime No.183/2025 registered at Police Station Manipur, Distt. Surguja (C.G.) for the offence punishable under Sections 331(4), 305-A, 317(2), 3(5), 111(4) of 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:- (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 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri