1 2025:CGHC:51752 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8336 of 2025 1 - Dilip Khobragadhe S/o Prakash Khobragadhe Aged About 27 Years R/o Danteshwari Ward No. 18, Dallorajhara (Correct Spelling Is Dallirajhara), P.S. Rajhara, Distt. Balod, Chhattisgarh. ... Applicant Versus 1 - State Of Chhattisgarh Through P.S. Rajhara, Distt. Balod, Chhattisgarh. ... Non-applicant For Applicant : Mr. Hemant Gupta, Advocate For Non-applicant : Mr. Soumya Rai, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 16.10.2025 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. 243/2025 registered at Police Station – Rajhara, District – Balod (C.G.), for the offence punishable under Sections 303 (2), 62, 3 (5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case is that on 03.07.2025, the CISF Gurads of C & S Plant Rajhara caught the applicant red-handed when the applicants were stealing the brass scrap weighing around 1682 Kgs. amounting to Rs. 15,00,000/-. Thereafter, report was lodged by the concerned authorities in the concerned police station. Based on the report, aforementioned crime was registered and the applicant was arrested on 27.08.2025. SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the crime in question. He submits that charge-sheet has been filed before the competent Court. He contended that the applicant is a poor person, he is having 01 criminal antecedent against him of the year 2024 which is pending. There is no evidence available against the applicant in the case-diary and further, the applicant has been made accused on false grounds. He submits that appicant is a permanent resident of the address shown in the cause-title and will abide by the conditions as imposed upon him. He is in jail since 27.08.2025. Hence, applicant may be enlarged on bail. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. However, she submits that there specific allegations against the applicant of commission of theft of brass scrap from C & S Plant, therefore, applicant may not be enlarged on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary and the fact that, applicant is having 01 criminal antecedent against him of the year 2024, further, charge-sheet has been filed before the competent Court, without further commenting anything on merits, this Court finds it appropriate to grant bail to the applicants. 7. Let the Applicant – Dilip Khobragadhe, involved in Crime No. 243/2025 registered at Police Station – Rajhara, District – Balod (C.G.), for the offence punishable under Sections 303 (2), 62, 3 (5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following 3 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 his 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 them, 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 them in accordance with law. 4 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 Dey