2025:CGHC:58677 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9868 of 2025 Suraj Goswami S/o Shri Brijlal Aged About 23 Years R/o - Salhekota, Tehsil Marwahi, Police Station - Pendra, District - Gaurela-Pendra-Marwahi (C.G.) ... Applicant versus State Of Chhattisgarh Through P.S. - Gaurela, District - Gaurela-Pendra- Marwahi (C.G.) ... Non-applicant For Applicant : Mr. Achyut Tiwari, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.12.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 289/2022, registered at Police Station - Gaurela District – Gaurela Pendra – Marwahi (C.G.) for the offence punishable under Sections 457, 380 & 34 of the IPC. 2. The prosecution case in brief is that the complainant, Shri Ganga VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.04 10:50:40 +0530 Prasad Rathore, lodged a report stating that on 08.07.2022, after locking one room of his house, he and his family members went to sleep in the adjacent room after having dinner at around 09:00 p.m. It is alleged that on 09.07.2022, at about 04:00 a.m., when the complainant woke up, he found that the door of the locked room was open and the lock was broken. Upon inspection, it was discovered that the box kept inside the said room was missing. The said box contained cash 250,430/-, one gold mangalsutra, a locket, phuliya, jhumka, a pair of silver anklets, a half kardhan, brass utensils, a plate, wallet, and all amounting to approximately Rs.90,000/-. It was further alleged that the box was later found discarded in a field at some distance from his house. The present applicant has not committed any offence whatsoever. The name of the present applicant does not find mention in the F.I.R. It appears that the applicant has been falsely implicated in the present case. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits that there is no evidence on record suggesting his involvement in the alleged crime in any manner. The applicant has never engaged in any such activity, and his continued incarceration at this young age would cause irreparable harm to his future prospects, career, and family responsibilities. It is pertinent to note that the FIR was registered against an unknown person and the applicant’s name does not appear therein; his arrest is based solely on the memorandum statements of co-accused persons, without any independent material to establish his involvement. Furthermore, a co- accused has already been granted bail by this Hon’ble Court in M.Cr.C. No. 8602/2025 dated 30.10.2025, thereby entitling the applicant to similar treatment under the principle of parity, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, and the fact that the co-accused person Deepak Goswami has already been granted bail vide order dated 30.10.2025 in MCRC No. 8602 of 2025, further considering that the charge-sheet has already been submitted before the competent Court and the applicant has been in jail since 26.02.2024, and as the conclusion of the trial is likely to take some more time, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Let applicant, Suraj Goswami, involved in Crime No. 289/2022, registered at Police Station - Gaurela District – Gaurela Pendra – Marwahi (C.G.) for the offence punishable under Sections 457, 380 & 34 of the IPC., be released on bail on furnishing personal bond with two local 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav