1 2025:CGHC:57226 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9515 of 2025 • Deepak Sahu S/o Lalit Sahu Aged About 19 Years R/o - Nearby Jhanda Chowk, Gudhiyari, District - Raipur (C.G.) ... Applicant versus • State Of Chhattisgarh Through - S.H.O., P.S. - Gudhiyari, Raipur, District - Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Pushkar Sinha, Advocate For Respondent/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25.11.2025 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.394/2025, registered at Police Station – Gudhiyari, District – Raipur (C.G.) for the offence punishable under Sections 303(2), 112(2), 3(5) of BNS. 2. The case of the prosecution, is that complainant Umesh Das Manikpuri lodged report and stated that he kept and driven a passenger e-rickshaw of Atul company and also having the battery VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.26 18:47:06 +0530 2 charger of Eastmen company. On 21.08.2025 he came to home at11:00 p.m and parked his e-rickshaw outside the house for charging, and went to sleep. Next to his e- rickshaw, Deepak Vishwakarma e-rickshaw was also parked, which was also being charged. On next morning, when he wake up at 6:00 a.m and went to outside and saw that the charger was not attached to his e-rickshaw. Some unknown person had stolen the charger of his e-rickshaw. At the same time, Deepak Vishwakarma also came out to see his e- rickshaw and found that his and Deepak Vishwakarma e-rickshaw chargers had also been stolen. His e- rickshaw's charger is worth 6000/- Rupees. On the basis of report FIR has been lodged against the unknown person for the offence under section 303 (2) of B.N.S and during investigation co accused has been arrested and upon their memorandum the applicant/accused has been arrested on 24.08.2025 and since he is in jail. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and nothing has been seized from the possession of present applicant. He also submits that only on the basis of memorandum statement of co- accused person, present applicant has falsely been implicated in crime in question. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 24.08.2025 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 opposes the bail application and submits that there is two previous criminal antecedents registered against the present applicant, bearing crime No. 90 of 2024 registered at police station Devendra Nagar for offence 3 under Sections 457, 380, 34 of IPC and bearing crime No.283 of 2025 registered at police station Gudhiyari for offence under Sections 296, 351(2) of BNS and Sections 25 and 27 of Arms Act, He further submits that the charge-sheet has been filed in this case and no recovery has been made from the possession of present applicant. 5. I have heard learned counsel for the parties and perused all of 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 no recovery has been made from the possession of the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 24.08.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Deepak Sahu, involved in Crime No.No.394/2025, registered at Police Station – Gudhiyari, District – Raipur (C.G.) for the offence punishable under Sections 303(2), 112(2), 3(5) 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 4 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