1 2025:CGHC:20713 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2700 of 2025 Ajay Yadav S/o Shri Khuman Yadav Aged About 26 Years R/o Village - Rawanbhata, Thana - Mungeli, Distt. - Mungeli Chhattisgarh ... Applicant versus The State of Chhattisgarh Through The Station House Officer, Police Station - City Kotwali Mungeli, Distt. - Mungeli Chhattisgarh ... Non-applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 06.05.2025 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. 85/2025 registered at Police Station : City Kotwali, Mungeli, District Mungeli (C.G.) for the offence punishable under Sections 305, 331(4), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's story is that the complainant lodged a report against unknown persons regarding the theft of cable wire, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.05.07 17:07:41 +0530 2 submersible pump, breaker machine, ceiling fan, and other articles from the Nagar Palika godown at Krishi Upaj Mandi, Mungeli. Based on suspicion, the police arrested co-accused persons, recorded their confessional statements, and pursuant to those statements, arrested the applicant and seized an iron pipe allegedly used for breaking the lock. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the applicant has been accused solely based on the co-accused person's memorandum statement, and no incriminating article has been seized from the applicant, mere seizure of the iron rod cannot link the applicant to the alleged offence. He also submits that the applicant has no criminal antecedents and he is in jail since 14.03.2025, conclusion of the trial may take some time, 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 submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has no criminal antecedents, further, the charge-sheet has already been 3 submitted in the present case before the competent Court and the present applicant has been in jail since 14.03.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Ajay Yadav, involved in Crime No. 85/2025 registered at Police Station : City Kotwali, Mungeli, District Mungeli (C.G.) for the offence punishable under Sections 305, 331(4), 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 4 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 Abhishek