1 2025:CGHC:51885 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8382 of 2025 Baldev Das Mahant S/o Mahettar Das Mahant Aged About 20 Years R/o I T I Colony Quarter No. 59, Chakradhar Nagar, P.S. Chakradhar Nagar, Raigarh, District Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through Thana In-Charge, P.S. Tamnar, District Raigarh (C.G.) ---- Non-applicant For Applicant : Mr. Rajendra Tripathi, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.10.2025 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. 343/2023, registered at Police Station Tamnar District – Raigarh (C.G.) for the offence punishable under Sections 457, 380, 413 & 34 of the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.17 17:43:45 +0530 2 IPC. 2. The prosecution case in brief is that On 09.09.2023 the complainant namely Surendra Patnayak has lodged report that on 17.08.2023 he kept his Scooty bearing registration no. CG 13 UF 3998 inside of his brother in law's House at night, when he saw at morning the said Scooty was missing and some unknown person has taken his Scooty. For the above reason complainant has lodged the F.I.R. in police station. 3. Learned counsel for the Applicant submits that the applicant is an innocent person and has been falsely implicated in the present case. He further submits that the applicant is not involved in the alleged crime, and the complainant had lodged the complaint before the police. It is further submitted that the applicant has three previous cases, out of which in two cases of the year 2023, the applicant was enlarged on bail. The applicant has been in jail since 10.09.2023. In view of the above, he prays release the applicant on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant opposes the bail application and submits that the charge- sheet has been filed in the present case before the competent Court and also submits that the applicant has three criminal antecedent, therefore, he is not entitled to be released on regular bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the submissions made by the learned counsel for the parties, and further considering the facts and circumstances of the case, the nature and gravity of the offence levelled against the 3 present applicant, as well as the fact that the charge-sheet has already been filed before the competent Court, and that the applicant has been in judicial custody since 10.09.2023, and the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Baldev Das Mahant, involved in Crime No. 343/2023, registered at Police Station Tamnar District – Raigarh (C.G.) for the offence punishable under Sections 457, 380, 413 & 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 4 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/- Sd/- Sd/- (Ramesh Sinha) Chief Justice vaibhav