1 2025:CGHC:61033 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8995 of 2025 Gokul Yadav S/o Rajesh Yadav Aged About 21 Years R/o Subhash Nagar Devar Mohalla P.S. Telibandha District Raipur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through - Station House OfÏcer, Police Station Vidhan Sabha, Raipur, District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Bharat Lal Sahu, Advocate For Non-applicant/State : Mr. Swajeet Singh Ubeja, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.12.2025 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. 315/2025 registered at Police Station Vidhan Sabha, Raipur, District Raipur (C.G.) for the offence punishable under Sections 331(4) and 305(A) of the Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that the complainant lodged a report at the concerned Police Station alleging that on the date of RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 the incident, unknown persons broke open the lock of his house and committed theft of certain gold and silver articles. On the basis of the said complaint, the police registered a case under Sections 305A, 331(4) and 3(5) of the Bharatiya Nyaya Sanhita against unknown persons, and after due investigation, the police arrested the present applicant on the basis of his memorandum statement. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the essential ingredients of offences under Sections 305A, 331(4) of the Bharatiya Nyaya Sanhita are not made out against the applicant, as he neither entered the complainant’s house nor caused any damage to any article therein. No incriminating article has been seized from the possession of the applicant, and his arrest has been made solely on the basis of a memorandum statement without any substantive corroborative evidence. The prosecution case is based on a concocted and baseless story. It is further submitted that the applicant is the sole earning member of his family. He also submits that the applicant has no criminal antecedent and he is in jail since 02.07.2025, the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the present bail application and submits that the prosecution case clearly discloses that unknown persons committed house-breaking and theft by 3 breaking open the lock of the complainant’s house and stealing gold and silver articles. During the course of investigation, the present applicant was arrested on the basis of his memorandum statement and Rs.600/- was recovered from his possession. It is further submitted that the offences alleged are serious in nature and affect public order, and the investigation has revealed sufÏcient material connecting the applicant with the crime. Therefore, considering the gravity of the offence, the applicant is not entitled to be enlarged on bail. 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 that though the present applicant has committed theft of certain gold and silver articles from the house of complainant, but Rs. 600/- was recovered from the possession of the present applicant and in the present bail application the charge-sheet has been filed before the competent Court, he has no previous criminal antecedents and he is in jail since 02.07.2025 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Gokul Yadav, involved in Crime No. 315/2025 registered at Police Station Vidhan Sabha, Raipur, District Raipur (C.G.) for the offence punishable under Sections 331(4) and 305(A) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like sum to 4 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) 5 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 Rahul Dewangan