1 2025:CGHC:50149 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6923 of 2025 • Rijwan Ali S/o Gajnfar Ali Aged About 36 Years R/o Tikrapara, Raigarh, Tehsil And District Raigarh C.G. ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station- City Kotwali, Raigarh, Distt. Raigarh C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Rishikant Mahobia, Advocate For Respondent/State : Mr. Malay Jain, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/10/2025 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.312/2025 registered at Police Station City Kotwali, District Raigarh (C.G.) under Sections 331, 305, 238 and 3(5) of BNS, 2023. 2. Case of the prosecution is in a nutshell that, complaint was made by complainant mentioning that the complainant and his wife both have gone out of Raigarh on dated 22.06.2025 and in the night son of the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.09 16:49:11 +0530 2 complainant Aditya Agrawal and Pandit Dhiraj slept in the house. They order pizza and cococola. None of the staff and maid where in the house. Next day 23.06.2025 Pandit Dhiraj left for his home. At around 11:15 am staff came and he found Aditya Agrawal was stammering so he was taken to the hospital but the doctor was not able to see him. So they came back to home then again in evening went to the doctor who treated Aditya Agrawal. Two staff and Aditya Agrawal slept in home at night of 23.06.2025. In the evening of 24.06.2025 when Aditya Agrawal was preparing himself to go Jharsugda Airport to receive to the complainant and his wife he found that packet of gold biscuit is missing from the almirah in the second floor. In the night the complainant and his wife returned home when it was inform to complainant regarding missing of gold biscuit in the same night. In the afternoon of 25.06.2025 the complainant found that 3,40,000/- Rs are missing from his almirah in the home office and 2 gold rings were also found missing. In the investigation the police apprehended the main accused Pandit Dhiraj Sharma and the present applicant in whose tea shop he left the bag. Hence, this bail application. 3. Learned counsel for the applicant submits that the present applicant is innocent and he has been falsely implicated in the present case. He would submit that the applicant is not involved the present crime, he runs a tea shop by the name of Amritulya Chai Dukan at Tikrapara and the main accused being known to him has left the bag with the stolen item at his shop. Further, present applicant is the person who has earlier inform, the police about the alleged bag to the crime branch and CSP but, the best witness has being made an accused. He would submit that the applicant is in jail since 12/08/2025, there 3 is no criminal antecedents against the applicant. He lastly submits that in the present case charge-sheet has been filed, 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 submits that the charge-sheet has been filed in the present case. He would submit that there is no criminal antecedents against the applicant, but stolen items were recovered from the possession of the present applicant. 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, considering the fact that applicant runs a tea shop by the name of Amritulya Chai Dukan at Tikrapara and the main accused namely Pandit Dhiraj Sharma being known to him has left the bag with the stolen item at his shop, present applicant is the person who has earlier inform, the police about the alleged bag to the crime branch and CSP, applicant is in jail since 12/08/2025 and charge sheet has been filed and trial is likely to 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. Let the Applicant – Mir Rijwan Ali, involved in Crime No.312/2025 registered at Police Station City Kotwali, District Raigarh (C.G.) under Sections 331, 305, 238 and 3(5) of BNS, 2023, be released on bail on his furnishing 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 4 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 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali