1 2025:CGHC:58604 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9763 of 2025 Mohd. Sameem @ Chhota Kala S/o Abdul Hamid Khan Aged About 32 Years R/o Palla, Chowki Narhar, District- Nooh (Haryana) ... Applicant(s) versus State Of Chhattisgarh Through District Magistrate District- Kabirdham (C.G.) Through P.S. Kawardha, District- Kabirdham (Kawardha) (C.G.) (Cause Title Completely Not Mentioned In Impugned Order) ... Respondent(s) For Applicant(s) : Mr. Vikas Kumar Pandey, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/12/2025 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. 156/2025 registered at Police Station Kawardha, District- Kabirdham (Kawardha) (C.G.) for the offence AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 punishable under Sections 303(2), 112 of BNS. 2. Case of the prosecution, in brief, is that the on 16.04.2025, the complainant Vinod Kumar Dhritlahre, a transporter, lodged an oral report stating that his driver informed him about the theft of a Hyva Truck bearing registration CG-04-MQ-7477 by unknown persons. Based on this information, an FIR was registered against unknown accused persons. During investigation, the police apprehended the applicant and other co-accused, alleging their involvement in the said truck theft. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that identically situated co- accused, namely, Jamil Khan has already been granted bail by this Court vide order dated 20.08.2025 in MCRC No.5144 of 2025. The applicant is in jail since 24.05.2025, the applicant has one criminal antecedent of the year 2025 under the BNS, in which, he has been granted bail by this Court vide order dated 21.11.2025 in MCRC No.8604 of 2025, 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 bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant allegedly in collusion with other co-accused persons, committed theft of a 3 Hyva Truck (No. CG-04-MQ-7477), according to the complainant, the driver reported that unknown persons had stolen the vehicle. During investigation, the police identified and arrested the applicant for his alleged involvement in the said truck theft case. Therefore, the applicant is not entitled for grant of 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, nature and gravity of offence, period of detention of the applicant since 24.05.2025, the fact that though the applicant allegedly in collusion with other co-accused persons, committed theft of a Hyva Truck (No. CG-04-MQ-7477), but considering the fact that co-accused, namely, Jamil Khan has already been granted bail by this Court vide order dated 20.08.2025 in MCRC No.5144 of 2025 and the case of present applicant is identical to that of the aforementioned co-accused, so far as criminal antecedent of the applicant is concerned, applicant has one criminal antecedent of the year 2025 under the BNS, in which, the applicant has been granted bail by this Court vide order dated 21.11.2025 in MCRC No.8604 of 2025, charge-sheet has been filed, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Mohd. Sameem @ Chhota Kala, involved in 4 Crime No. 156/2025 registered at Police Station Kawardha, District- Kabirdham (Kawardha) (C.G.) for the offence punishable under Sections 303(2), 112 of BNS, be released on bail on his furnishing a personal bond with two lcoal 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 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 5 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. 9. 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 Akhil