1 2025:CGHC:49659 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7860 of 2025 • Shohel @ Soher Khan S/o Shabbir Mohammad Aged About 19 Years R/o Village- Chichbod Police Station Tehsil And District- Balod (C.G.) (Details Of Applicant Properly Not Mentioned In The Cause Title Of Impugned Order Sheet Which Is Being Mentioned As Per The Chargesheet) ... Applicant versus • State of Chhattisgarh Through Dm The Sho Police Station Padmanabhpur, District- Durg (C.G.) (Details Of Respondent Properly Not Mentioned In The Entire Impugned Order Sheet) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Avinash Chand Sahu, Advocate For Respondent/State : Mr. Malay Jain, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.10.2025 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. 301/2024, registered at Police Station – Padmanabhpur, District – Durg (C.G.) for the offence punishable under Sections 331(4), 305(A) and 3(5), 338 of BNS. 2. The case of the prosecution, is that on complainant lodged the FIR VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.07 17:42:56 +0530 2 tatting therein on 01.08.2024, when he along with his mother was out of the station due to their personal work and when on 04.08.2024 they came back he found that the door of his house was broken and one Hero Honda Motorcycle one home theater was being stolen by some unknown person and he got registered the above report and during investigation the police came to know that some persons have been caught by another police station and their memorandum statement was taken and they confessed that they have also stolen motorcycle from the present applicant, therefore on transit remand they have arrested Thereafter, FIR has been registered against the applicant, hence this bail application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case and there is one criminal antecedents registered against the present applicant bearing crime No.189 of 2024 registered at Police Station Gunderdehi, District-Durg for the offence under Sections 305(A), 331(4) of BNS. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 25.05.2025 and trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is one criminal antecedents registered against the present applicant bearing crime No.189 of 2024 registered at Police Station Gunderdehi, District-Durg for the offence under Sections 305(A), 331(4) of BNS, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the 3 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 there is one criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant and he is in jail since 25.05.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Shohel @ Soher Khan, involved in Crime No- 301/2024, registered at Police Station – Padmanabhpur, District – Durg (C.G.) for the offence punishable under Sections 331(4), 305(A) and 3(5), 338 of BNS, 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 shall initiate proceedings against him, in accordance with law, under Section 209 of the 4 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