1 2025:CGHC:50154 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6865 of 2025 1 - Nitesh Ram S/o Kalindar Aged About 22 Years R/o Portenga, Jashpur, Currently R/o Charaidand, Dipatoli, P.S. Kunkuri, Distt. Jashpur C.G. (As Per Order Passed By Additional Session Judge, FTC Jashpur) 2 - Arun Soni Alias Bhole S/o Ityanand Aged About 25 Years R/o Vill- Charaidand, Dipatoli, P.S. Kunkuri, Distt. Jashpur, Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through Station House Office, Police Station Kansabel, Distt. Jashpur, Chhattisgarh ... Respondent (Cause title taken from case information system) For Applicants : Shri Vikas Upadhyay, 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.09 16:54:36 +0530 2 bail to the applicants who have 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 of B.N.S. 2. As per the prosecution story, on 14.07.2025, an FIR was lodged at Police Station Kansabel, District Jashpur, regarding a theft committed by unknown persons who had broken into the complainant’s house. During the incident, Rs.1,35,000 in cash, certain gold and silver ornaments, and an additional Rs.50,000 kept in a purse were stolen, making the total value of stolen property approximately Rs.1,85,000/- besides other valuables. During investigation, suspicion arose against five persons, including the present applicants, who were alleged to have conspired and jointly committed the theft. The applicant Nitesh Ram was arrested on 21.07.2025, from whose possession Rs.5,400 (ten Rs.500 notes and two Rs.200 notes) was allegedly recovered, while Rs.40,000 was recovered from Applicant No. 2. Subsequently, a charge sheet was filed against the applicants and four others, accusing them of criminal conspiracy and theft, and holding them responsible for the said offence. 3. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in this case. He would further submit that from the applicant no. 1, only Rs.5,400/- was allegedly seized, which is barely 0.29% of the total alleged theft of Rs.1,85,000/- plus valuables, and no jewelry or substantial property has been recovered from him, and from applicant no 2 only Rs.40,000/- rupees was allegedly seized thereby showing his negligible role in the alleged offence. He would submit that the charge 3 sheet has been filed in this case, applicants have no criminal antecedents and they are in jail since 21/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application. She would submit that charge sheet has been filed in this case before the competent court and the applicants have no criminal antecedents. 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 applicants, period of detention of the applicants since 21/07/2025, charge sheet has been filed, applicants have no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicants- Nitesh Ram & Arun Soni Alias Bhole, involved in Crime No.92/2025 registered at Police Station Kansabel, District Jashpur (C.G.) for the offence punishable under Sections 331(3), 305 of B.N.S., be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this 4 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails 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 the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them 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