1 2025:CGHC:61324 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9772 of 2025 Dukheran S/o Alkhu Pardhi Aged About 40 Years R/o Village- Dholiyakanhar, Police Station- Khairagarh, District- Khairagarh Chhuikhadan Gandai, (C.G.) ... Applicant versus State Of Chhattisgarh Through The SHO, Police Station Gandai, District- Khairagarh Chhuikhadan Gandai, (C.G.) ... Respondent For Applicant : Shri Siddharth Pandey, Advocate. For Respondent/State : Shri Amit Verma, PL. 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 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 232/2025 registered at Police Station Gandai, District Khairagarh Chhuikhadan Gandai, CG. for the offence punishable under Sections 331(3), 305(a), 62 read with 3(5) of BNS, 2023 (As per impugned order). GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.12.17 18:21:22 +0530 2 2. Case of the prosecution, in brief, is that on 21.07.2025, the Complainant/Khemlal Patel, lodged a written complaint at Police Station Gandai, stating that on 20.07.2025 at about 9 PM, he along with his family members after having meals, went to sleep. On 21.07.2025, when he woke up, he saw that the lock of the door of his house was broken. Some unknown thief broke the lock of his house and stole silver ornaments worth Rs. 300/-, one gold ornament worth Rs. 7,000/-, and cash of Rs. 9,000/-. On the basis of the aforementioned, the FIR was registered against unknown persons for offences punishable under Sections 331(4), 305(a), and 62 of the BNS, 2023. 3. Learned counsel for the applicant submits that the present applicant is innocent and has falsely been implicated in the case by the police. He would submit that one gold ornament weighing 1.950 mg. worth Rs. 7000/- and two gold ornaments weighing 1.950 mg. worth Rs. 19,000/- along with the motorcycle Honda Shine bearing registration No. CG08BC9175 has been seized from the possession of the present applicant. He would submit that in relation to the present incident, the FIR was lodged for the theft of silver ornaments worth Rs. 300/-, one gold ornament worth Rs. 7,000/-, and cash of Rs. 9,000/- thus the seized items are entirely different from the items stolen in the instant case. He would submit that the seized items shown in the instant case are from Crime No. 115/2025 registered at Police Station Gandai, District KCG, CG. against the present applicant and other co-accused persons, whereas in the instant FIR there has been no individual seizure and the present applicant has been arrested on the basis of suspicion by the police. He would submit that the charge sheet has 3 been filed in this case, the applicant is in jail since 01/08/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. He would submit that the applicant has five criminal antecedents which has been explained in para 4(a) of the bail application. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, period of detention of the applicant since 01/08/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Dukheran, involved in Crime No. 232/2025 registered at Police Station Gandai, District Khairagarh Chhuikhadan Gandai, CG. for the offence punishable under Sections 331(3), 305(a), 62 read with 3(5) of 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 4 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri