1 2025:CGHC:4973 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 631 of 2025 Deepak Soni S/o Shri Rajkumar Soni Aged About 24 Years R/o M.P. Nagar, Korba, Police Station- Rampur, District - Korba (Chhattisgarh) --- Applicant versus State of Chhattisgarh Through OfÏcer Incharge, Police Station Baradwar, District - Janjgir-Champa (Chhattisgarh) --- Non-applicant MCRC No. 758 of 2025 Deepak Soni S/o Shri Rajkumar Soni Aged About 24 Years R/o M.P Nagar, Korba, Police Station- Rampur, District -Korba (C.G.) ---Applicant Versus State of Chhattisgarh Through- OfÏcer Incharge, Police Station Baradwar, District- Janjgir Champa (C.G.) --- Non-applicant MCRC No. 760 of 2025 Deepak Soni S/o Shri Rajkumar Soni Aged About 24 Years R/o M.P. Nagar Korba, Police Station- Rampur, District- Korba, Chhattisgarh. ---Applicant Versus State of Chhattisgarh Through OfÏcer Incharge, Police Station Sakti, District- Janjgir-Champa, Chhattisgarh. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.29 15:04:40 +0530 2 --- Non-applicant MCRC No. 774 of 2025 Deepak Soni S/o Shri Rajkumar Soni Aged About 24 Years R/o M.P.Nagar, Korba, Police Station-Rampur, District Korba (C.G.) ---Applicant Versus State of Chhattisgarh Through OfÏcer Incharge, Police Station Sakti District Janjgir-Champa (C.G.) --- Non-applicant For Applicant : Mr. Sunil Kumar Soni, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 28/01/2025 1. Since the issues involved in the above-mentioned four bail applications are same, they are clubbed and heard together and are being disposed of by this common order. 2. These are the First bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime Numbers as mentioned under: MCRC No. Crime No. Police Station Offence 631/2025 192/2024 P.S. Baradwar, District - Janjgir- Champa (C.G.) Sections 305(a), 331(3), 317(2), 3(5) and 61 of the BNS, 2023 758/2025 196/2024 P.S. Baradwar, District - Janjgir- Champa (C.G.) Sections 305(a), 331(3), 317(2), 3(5) and 61 of the BNS, 2023 760/2025 342/2024 P.S. Sakti, District Sections 305(a), 3 - Janjgir-Champa (C.G.) 331(3) and 317(2) of the BNS, 2023 774/2025 292/2024 P.S. Sakti, District - Janjgir-Champa (C.G.) Sections 305(a), and 331(3) of the BNS, 2023 3. The prosecution case, in brief, is that the applicant purchased Booty Gold and Silver ornaments from the thieves (main co-accused) whereas the fact remains that applicant is not at all involved in the alleged prosecution story and is being falsely implicated by the Police Station (Police Station Malkharoda, Police Station Baradwar, Police Station - Sakti, Police Station - Jaijaipur, Police Station - Dabhara and Police Station Bhatgav) in 13 cases including the present bail applications, out of which in 09 cases applicant was granted bail. 4. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He further submits that applicant is falsely inculcated in 13 cases on the basis of same seizure, out of which the applicant has been granted bail in 09 cases by the trial Court. Therefore, they pray that the applicants be enlarged on bail. 5. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant has 13 previous criminal antecedents. Therefore, they are not entitled to be released on bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case also considering the fact that the charge-sheet has been filed in the present case before the competent Court and the fact that the applicant is falsely inculcated in 13 cases on the basis of same seizure, out of the applicant has been 4 granted bail in 09 cases by the learned trial Court, this Court is of the view that the applicants are entitled to be released on bail in this case. . 8. Accordingly, the bail applications are allowed. Let the applicant - Deepak Soni involved in the above mentioned Crime numbers registered at different Police Stations and offences in which he is involved, mentioned in the above table, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 sufÏcient cause, the trial court may proceed against him under Section 269 of BNS. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of BNSS is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of BNS. (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 sufÏcient 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 5 accordance with law. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha) Chief Justice Preeti