1 2025:CGHC:6889 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 628 of 2025 Anil Sahu @ Nilu S/o Yukt Prasad Aged About 40 Years Caste- Teli, R/o Umapur, P.S. And Tahsil- Ramanujnagar, District : Surajpur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through S.H.O., Police Station- Baikunthpur, District : Koriya (Baikunthpur), Chhattisgarh ... Non-Applicant For Applicant : Mr. Pushkar Sinha, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 06/02/2025 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. 211/2024, registered at Police Station – Baikunthpur, District : Koriya (Baikunthpur) (C.G.) for the offence punishable under Sections 457, 380/34 of Indian Penal Code. 2 According to the prosecution's story, the complainant Sunil Kumar Jaiswal lodged report that on 22.06.2024 at village Kanchanpur from PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.02.07 15:07:34 +0530 2 his shop some unknown theif stolen the 78 packets of paddy seeds and cash amount of Rs. 75,000/- and on that basis of report FIR has been lodged, thereafter, applicant along with co-accused were arrested in the present case. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the name of applicant has not been mentioned at the time of lodging the FIR afterwards his name has been added only on the basis of memorandum of co-accused. He further submitted that nothing has been seized from the present applicant and only of the baasis of memorandum of co-accused applican made accused in this case even though some other person has been committed the offences but the applilcant has falsely roped in the case and further in other Crime No. 163/2024 registered at Police Station – Out Post Karanji Police Station Bishrampur, District – Surajpur(C.G.) for the offence punishable under Secitons 331(4), 305 read with Section 3(5) of BNS and Section 111 of BNS, he has already been granted bail by this Court vide order dated 31.01.2025 passed in MCRC No. 875/2025. He further submitted that the applicant has five previous criminal antecedents out of which in two cases he has been acquitted and three cases are pending, the explanation of the same has been given in paragraph No. 4(A) of the bail application, further the charge-sheet has been filed and the applicant is in jail since 25.10.2024 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 opposed the bail application and submitted that the charge-sheet has been submitted. 3 He further submitted that the complainant Sunil Kumar Jaiswal lodged report that on 22.06.2024 at village Kanchanpur from his shop some unknown theif stolen the 78 packets of paddy seeds and cash amount of Rs. 75,000/- and on that basis of report FIR has been lodged, thereafter, applicant along with co-accused were arrested in the present case. Therefore, he is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused 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 the only of the basis of memorandum of co-accused, applicant made accused in this case even though some other person has been committed the offences but the applilcant has falsely roped in the case and further in other Crime No. 163/2024 registered at Police Station – Out Post Karanji Police Station Bishrampur, District – Surajpur(C.G.) has already been granted bail by this Court vide order dated 31.01.2025 passed in MCRC No. 875/2025, further the applicant has five previous criminal antecedents, out of which in two cases he has been acquitted and three cases are pending, the explanation of the same has been given in paragraph No.4(A) of the bail application, further the charge-sheet has been filed and he is in jail since 25.10.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. 7 Accordingly, the bail application is allowed. Let the applicant - Anil Sahu @ Nilu, involved in Crime No. 211/2024, registered at Police Station – Baikunthpur, District : Koriya (Baikunthpur) (C.G.) for the offence punishable under Sections 457, 380/34 of Indian Penal 4 Code, 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 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 his 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 his, 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 5 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 his 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/- (Ramesh Sinha) Chief Justice Preeti