1 2025:CGHC:61356 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9134 of 2025 Shiva Chauhan S/o Chander Chauhan Aged About 22 Years R/o Village - Thakurdiya, Tahsil And Police Station - Kharsiya, District - Raigarh Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Kharsiya, District - Raigarh Chhattisgarh ... Non-applicant For Applicant : Mr. Amit Singh Chauhan, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.12.2025 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. 423/2025 registered at Police Station – Kharsiya, District Raigharh (C.G.) offence under Sections 331(4), 305(A), 3(5) of the Bhartiya Nyay Sanhita, 2023. 2. As per the prosecution story, in brief, on 31.07.2025, the complainant Chandra Prakash Gabel, resident of Saraswati Chowk, Dhakurdiya, Kharsia, lodged a written report before Police Station Kharsia to the effect that he, along with his wife and mother, had gone to their parental village Jajang, District Sakti, to attend the 10th day social ceremony of ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.17 11:16:58 +0530 2 his father, and the house was locked. After completion of the said social ceremony, they returned to their house at Kharsia and found that some unknown persons had stolen gold and silver ornaments worth Rs. 39,400/- kept in the almirah. On the basis of the said report, an FIR was registered against unknown persons, and during the course of investigation, the accused persons, including the present applicant, were arrested on 01.08.2025. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the police recovered two silver rings worth Rs. 1,400/- from the present applicant, however, the said rings belong to the family members of the applicant and are not stolen property. He submits that on the basis of similar allegations, the learned trial Court has already granted bail to the co- accused persons, namely Aman Das Mahant and Yogesh Sarthi. He further submits that the present applicant has three other criminal antecedents of a similar nature, which were registered against him at the same time and at the same police station, and are pending trial. He also submits that the applicant has been in jail since 01.08.2025 and that the conclusion of the trial may take considerable time. Therefore, he prays for the grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She also submits that the present applicant has 03 criminal antecedents of the similar nature, which shows that the present applicant is a habitual offender, therefore, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, including that two silver rings worth Rs. 1,400/- were recovered from the possession of the applicant, and that the present applicant has three other criminal antecedents of a similar nature which were registered at the same time and at the same police station and are pending trial, and further considering that the charge-sheet has been filed before the competent Court in the present bail application and that the applicant has been in jail since 01.08.2025, and that the conclusion of the trial may take some more time, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Shiva Chauhan, involved in Crime No. 423/2025 registered at Police Station – Kharsiya, District Raigharh (C.G.) offence under Sections 331(4), 305(A), 3(5) of the Bhartiya Nyay Sanhita, 2023, be released on bail on his furnishing personal bond with two 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 sufÏcient 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 4 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 sufÏcient 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. OfÏce 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