1 2025:CGHC:60105 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8805 of 2025 Shobharam Yadav S/o Chamruram Yadav Aged About 27 Years R/o Village Potra, P.S. And Tah. Lailunga, Raigarh, District : Raigarh, Chhattisgarh --- Applicant(s) versus State Of Chhattisgarh Through Thana In-Charge, P.S. Jutmil, District : Raigarh, Chhattisgarh --- Respondent(s) For Applicant(s) : Mr. Rajendra Tripathi, Advocate For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.12.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.24/2025, registered at Police Station- Jutmil, District - Raigarh (C.G.) for the offence punishable under RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Sections 303(2), 112(2) of the BNS, 2023. 2. As per the prosecution story, in brief, the complainant, namely Rambabu Bharti, lodged a report stating that on 09.01.2025 he had parked his motorcycle bearing Registration No. CG-13-AP- 8123 beside his house during the night. However, on the following morning, he found that the said motorcycle was missing and that some unknown person had taken it away. Accordingly, the complainant lodged the FIR at the concerned Police Station. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the instant case. It is contended that there is no direct allegation of theft against the present applicant. The FIR itself was lodged against unknown persons, and in order to conclude the investigation, the police have mechanically connected the present applicant with the theft case without any substantive evidence. So far as criminal antecedents of the applicant are concerned, the same has been explained in para 4(A) of the bail application. He lastly submits that applicant is a young boy, languishing in jail since 22.09.2025 and though the charge-sheet has already been filed, the conclusion of the trial is likely to take some time. Hence he prays for grant of bail to the applicant. 4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicant and also the submissions advanced by learned counsel for the applicant. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions made by learned counsel for the applicant, the nature of allegations, the fact that the FIR was initially lodged against unknown persons, and there being no direct material prima facie connecting the applicant with the alleged theft, coupled with the fact that he is a young boy and is in custody since 22.09.2025, and further that the charge-sheet has already been filed and conclusion of the trial is likely to take time, this Court is of the view that the applicant deserves to be enlarged on bail. 7. Let applicant, Shobharam Yadav, involved in Crime No.24/2025, registered at Police Station- Jutmil, District - Raigarh (C.G.) for the offence punishable under Sections 303(2), 112(2) of the BNS, 2023, be released on bail on his furnishing a 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 4 through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against them 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan