1 2025:CGHC:52593 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8517 of 2025 Maharshi Markam S/o Budhari Markam, Aged About 23 Years R/o Village Jarhanawagaon, Police Station Singhanpuri Jungle, District Kabirdham (C.G.) ... Applicant versus State of Chhattisgarh Through District Magistrate, Kawardha, District Kabirdham (C.G.) ... Non-applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.10.2025 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. 43/2025 registered at Police Station Singhanpuri Jungle, District – Kabirdham (C.G.), for the offence punishable under Sections 305(a), 331(4), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant Paraslal Sahu lodged a report at Police Station Singhanpuri Jungle on 29.08.2025 against unknown persons, alleging inter alia that on 17.08.2025, he returned from his field at about 8:00 p.m. by his tractor Yuvo Mahindra, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.29 11:28:18 +0530 2 bearing registration No. CG-08-BC-3141, after completing his daily routine work. After parking the tractor in its usual place, he entered his house. It is further stated that on 18.08.2025, at about 8:00 a.m., when he came out of the house and tried to start the tractor, it did not start. Upon checking, he found that the battery was missing. It is alleged that during the intervening night of 17/18.08.2025, some unknown person committed theft of the battery from the parking area of his house, which belonged to the said Yuvo Mahindra tractor, valued at approximately Rs. 7,000/-. On the basis of the report lodged by the complainant, the police registered an offence on 29.08.2025, bearing Crime No. 43/2025, for the offences punishable under Sections 305(a) and 331(4) of the Bharatiya Nyaya Sanhita, 2023, and initiated investigation. During the course of investigation, the present applicant was taken into custody, and his memorandum statement under Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023, was recorded. Another accused person, a juvenile (in conflict with law), was also apprehended. The stolen articles were seized, the statements of witnesses were recorded, and after completion of the investigation, a charge-sheet was filed. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He submits that the present applicant has been arrested solely on the basis of a memorandum statement, even though the stolen articles were not seized from his exclusive possession. The applicant has been falsely implicated in the crime in question, and since nothing has been recovered from his possession, there is no substantive material against him in the said offence. He further submits that the alleged stolen article was seized from an open place, and only on the basis of suspicion, the police took the present applicant into custody. Thereafter, he has been 3 falsely implicated in the crime in question, even though neither was the offence committed by him, nor was the stolen property purchased or concealed by him. Therefore, the present applicant deserves to be enlarged on bail, as no specific role has been attributed to him in the alleged offence. He also submits that the present applicant has only 01 criminal antecedent except the present case which is also listed today before this Court for hearing. He submits that the present applicant has been in jail since 30.08.2025, 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. He submits that the present applicant has 01 more criminal antecedent of the similar nature, which shows that the present applicant is a habitual offender, therefore, he is not entitled for grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, wherein the allegation against the present applicant is that he, along with the other co-accused, was involved in the theft of batteries, and further considering the fact that the present applicant has one criminal antecedent apart from the present case, which is also listed before this Court for hearing today, as well as the fact that the charge-sheet has already been submitted before the competent Court, the applicant has been incarcerated since 30.08.2025, and the conclusion of the trial may take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Maharshi Markam, involved in Crime No. 43/2025 4 registered at Police Station Singhanpuri Jungle, District – Kabirdham (C.G.), for the offence punishable under Sections 305(a), 331(4), 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on her 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 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 5 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