1 2025:CGHC:20521 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3441 of 2025 Lalman @ Badka S/o Suddhu Aged About 50 Years R/o Village Bahwatola, P.S. Bargawa, District Singrauli (M.P.) ... Applicant versus State of Chhattisgarh Through The Police Station Chakarbhata, District Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Ritesh Verma, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.05.2025 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 - 272/2024, registered at Police Station – Chakarbhata, District - Bilaspur (C.G.) for the offence punishable under Sections 457, 380, 413, 34 of Indian Penal Code. 2. The case of the prosecution, is that, the complaint was lodged on the complaint of complainant (Pushpendra Dewangan) before Police Station PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.05.06 11:03:45 +0530 2 Chakarbhata against the unknown persons. The incident took place in between 12.06.2024 at night 8:30 PM to 13.06.2024 till 6 AM in the morning. Complainant is running a jewelry shop situated at Hirri Mines where theft of ornaments, namely, Anklet – 100 pieces, Laccha – 5 pairs, Girdle (Kardhan) – 25 pieces, Nettle (Bichiya) – 500 pairs, Finger ring – 300 pieces, Bangles (Children) – 70 pairs, Chain – 50 pieces, Coins – 10 and 5 Gms – 15 pieces, Nosepin – 100 pieces, Old Jewelry – 1.5 tola, Locket – 5 pieces, Statue of deity, Flute and other ornaments made of gold and silver and cash of Rs. 5,000/- whose total amount of Rs, 9,00,000/-. The jewelry was seized from one ‘Sushant Soni’ who molded the silver ornaments into Bars and gold items into Balls. They are in jail since 12.08.2024. Charge-sheet has been submitted but the trial has not been commenced yet. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the co-accused persons, namely, Vijay Kumar Basod has already been granted bail by this Court vide order dated 10.12.2024 passed in MCRC Nos. 8641/2024. It is further submitted that the applicant has one previous criminal antecedent in which he has been granted bail by this Court vide order dated 01.05.2025 passed in MCRC No. 3358/2025. He also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 12.08.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays grant of bail to the applicant on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application. He further submits that the co-accused persons, namely, Vijay Kumar Basod has already been granted bail by this Court and the bail application of another co-accused person, namely, Lalji @ Kinka 3 was rejected by this Court vide order dated 11.04.2025 passed in MCRC No. 2851/2025. He further submits that the applicant has one previous criminal antecedent of similar nature. Therefore, he is not entitled for grant of bail. 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 the co-accused persons, namely, Vijay Kumar Basod has already been granted bail by this Court vide order dated 10.12.2024 passed in MCRC Nos. 8641/2024, further the applicant has one previous criminal antecedent in which he has been granted bail by this Court vide order dated 01.05.2025 passed in MCRC No. 3358/2025, the charge-sheet has been filed and the applicant is in jail since 12.08.2024 and conclusion of the trial is likely to take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let the applicant - Lalman @ Badka, involved in Crime No - 272/2024, registered at Police Station – Chakarbhata, District - Bilaspur (C.G.) for the offence punishable under Sections 457, 380, 413, 34 of Indian Penal Code, be released on bail on his furnishing a 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 4 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti