1 2025:CGHC:50155 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7015 of 2025 Arun Ekka S/o Ruben Ekka Aged About 38 Years R/o Vill- Tangargaon, P.S.- Kansabel, Distt- Jashpur Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through- P.S.- Kansabel, Distt- Jashpur Chhattisgarh. ... Respondent For Applicant : Shri Jai Prakash Shukla, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. 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.92/2025 registered at Police Station Kansabel, District Jashpur (C.G.) for the offence punishable under Sections 331(3), 305(A), 112 BNS, 2023 as per charge sheet. 2. Case of the prosecution is based on written complaint dated 14-07- 2025 of Virendra kumar Paikra is that theft of Rs 1,85,000/- has been GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.09 16:54:37 +0530 2 committed by unknown persons on dated 04-07-2025 by breaking lock of almirah kept in his house. After registering Crime no 92/2025 against unknown persons, Suspicious co-accused including present applicant taken into custody, recovery made based on their memorandum statement and after investigation on being found that offence is committed, charge sheet has been submitted before learned JMFC Bagicha, against total five accused including present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He would submit that there is no direct allegation against the applicant in the entire prosecution case except a vague claim that he visited the spot on a motorcycle and received some pocket expenses from the main accused. He would further submit that no stolen property or incriminating article has been seized from the applicant. He would submit that the applicant has one criminal antecedent in which he has been acquitted, charge sheet has been filed in this case, the applicant is in jail since 16.07.2025 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 she would submit that charge sheet has been filed in this case before the competent court and she would submit that no seizure has been made from 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 of allegation levelled against the applicant, further the fact that 3 no seizure has been made from the present applicant, period of detention of the applicant since 16.07.2025, 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- Arun Ekka, involved in Crime No.92/2025 registered at Police Station Kansabel, District Jashpur (C.G.) for the offence punishable under Sections 331(3), 305(A), 112 BNS, 2023, 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 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 4 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