1 2025:CGHC:59698 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10088 of 2025 Vivek Singh Rajput S/o Late Amar Singh Aged About 20 Years R/o Podibahar, Police Station Civil Line Rampur, District Korba (C.G.) (Description Of Applicant Mentioned As Per Charge Sheet) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police of Police Station Hardibazar, District Korba (C.G.) ... Non-applicant For Applicant : Mr. Anil Gulati, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.12.2025 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 has been arrested in connection with Crime No. 193/2024 registered at Police Station Hardibazar, District Korba (C.G.), for the offence punishable under Sections 309(4), 111(2)(B) read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the brief facts of the prosecution case, a report was lodged by Dinesh Kumar alleging inter alia that he is working as a Supervisor at R.B. Construction, which is engaged in constructing a bridge near the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.10 11:15:23 +0530 2 Leelagar River. In the intervening night of 19/20-07-2024, it is alleged that some unknown persons arrived in a pickup vehicle and looted a halrf HP Tullu pump, an LPG gas cylinder, and cable wire, all amounting to Rs. 90,000/-. It is further alleged that they came in a pickup bearing registration number CG-12/BF-7527. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the aforesaid case. He submits that during the course of the investigation, the memorandum statement was recorded on 04.12.2025, and pursuant to the memorandum statement of the applicant, a Tillu pump was recovered, which was kept in the house of Prem Chouhan. He further submits that the said Tillu pump was not put up for identification to demonstrate whether it was the same Tillu pump alleged to have been stolen by the applicant. He also submits that the present applicant has only one criminal antecedent of a similar nature, in which he has already been granted regular bail by this Court. He submits that the applicant has been in jail since 28.07.2025 and that the conclusion of the trial is likely to take some 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 of the present applicant and submits that the charge-sheet has already been filed before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and further taking into account that the present applicant has only one criminal antecedent of a similar nature, in which he has already been granted regular bail by this Court, moreover, as the charge-sheet has already been submitted 3 before the competent Court and the applicant has been in jail since 28.07.2025, conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Vivek Singh Rajput, involved in Crime No. 193/2024 registered at Police Station Hardibazar, District Korba (C.G.), for the offence punishable under Sections 309(4), 111(2)(B) read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on 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 his 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 his, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 4 (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