1 2025:CGHC:49785 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7880 of 2025 Vicky Dhruw S/o Late Dev Kumar Dhruw Aged About 21 Years R/o Behind Khallari Chowk, Indraprasth Colony, Raipur, Raipur, P.S.- D.D. Nagar, District : Raipur, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Manag Camp, Raipur, District : Raipur, Chhattisgarh ... Non-applicant(s) For Applicant : Mr. Krishna Kumar Dewangan, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/10/2025 1. This is the first bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 210/2025 registered at Police Station- Mana Camp, Raipur, District- Raipur (C.G.), for the offence punishable under Sections 331(4), 305, 3(5) of BNS., 2023. 2. Case of the prosecution, in brief, is that the complainant namely Vivek Nagdev lodged report regarding commission of theft from his KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Maruti Tyre Shop situated near Sardar Vallabh Bhai Patel Market, Dumartarai, Raipur in between 12.07.2025 to 14.07.2025. On the basis of said report, the FIR was registered against unknown person and during course of investigation, the applicant and two other co-accused persons have taken into custody, on the basis of suspicion, and their disclosure statements were recorded. On the basis of the memorandum of the applicant/accused, one stolen Dell company computer monitor was seized from his possession, and the remaining stolen property was recovered from the other co-accused persons. The applicant/accused was arrested on 16.07.2025 and remanded to judicial custody. After completion of the investigation, a charge-sheet was filed before the trial Court against the applicant/accused and the other co-accused persons under the aforesaid sections. 3. 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 the applicant has not committed alleged theft in the shop of complainant. On the basis of similar allegation, vide order dated 10.09.2025 in M.Cr.C. No. 6305 of 2025 this Court has granted bail to the co-accused, therefore the applicant most humbly prays for grant of bail on parity ground and the applicant is in jail since 16.07.2025 and the conclusion of the trial is likely to take considerable time therefore, he prays for grant of bail. 4. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits that the applicant along with co-accused persons, committed house- 3 breaking and theft by unlawfully entering into the complainant’s shop at night after making a hole in the wall using a hammer and chisel. They allegedly stole two computer screens and cash kept in the drawer, thereby committing theft of the property belonging to and under the possession of the complainant with dishonest intention. She further submits that from possession of the co- accused Rs. 1000/- cash was recovered and from the present applicant the said theft article i.e. computer and monitor was recovered and further the applicant has a criminal antecedent of the year 2020. Hence, the applicant is not entitled for grant of bail. 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, nature and gravity of offence levelled against the applicant and the recovery made by him and further the fact that in the present case, charge-sheet has been filed before the competent Court and the applicant has one criminal antecedent and further the co-accused namely Vikas Sahu has already been granted bail by this Court in MCRC No. 6305/2025, vide order dated 10.09.2025 and and he is in jail since 16.07.2025, the conclusion of the trial will take some more time, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. 7. Let the applicant – Vickey Dhruw, involved in Crime No. 210/2025 registered at Police Station- Mana Camp, Raipur, District- Raipur (C.G.), for the offence punishable under Sections 331(4), 305, 3(5) of BNS., 2023, be released on bail on his furnishing a personal 4 bond with two 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 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 5 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. dirurt fo forthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal