1 2025:CGHC:61334 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9346 of 2025 1 - Bablu Markam S/o Late Shankar Markam Aged About 28 Years R/o Chakarbhata, Ward No. 25, Police Station Chakarbhata, District Bilaspur, C.G. At Present R/o Shanti Nagar Janjgir, District Janjgir-Champa C.G. 2 - Golu Dewaar S/o Mahettar Dewaar Aged About 35 Years R/o Dewaar Mohalla, Hanuman Kuti Baloda, Police Station Baloda, District Janjgir- Champa C.G. ...Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Station Akaltara, District Janjgir-Champa C.G. ... Non-applicant For Applicants : Mr. N.K. Chatterjee, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.17 11:14:10 +0530 2 246/2025 registered at Police Station – Akaltara, District - Janjgir- Champa (C.G.) offence under Sections 331(4), 305(a) & 3(5) of the BNS 2023. 2. The prosecution, in brief, is that reported was lodged PS Akaltara against the present applicant regarding the theft and according to the report lodged in Crime No. 246/2025 on 06.08.2025 the applicant was arrested and produced the concerned Magistrate and since the applicants are in custody on 06.08.2025 and since the charge sheet has already been filed and in since is minor offence and no previous record. Hence the instant regular bail application before the Hon'ble Court. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. The applicants are young persons and permanent residents of Chakarbhata Ward No. 25, PS Chakarbhata, and Dewaar Mohalla, Hanuman Kuti, Balod, District Janjgir-Champa, Chhattisgarh. They were taken into custody on 06.08.2025 in a case in which they have no involvement, and their continued detention is not justified. The applicants undertake that if released on bail, they shall not abscond, shall remain within the local limits of the Court, and shall appear before the learned trial Magistrate as and when required. They are also willing to comply with all conditions imposed by this Hon’ble Court, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, the learned State counsel opposes the bail application. 5. I have heard learned counsel appearing for the parties and perused 3 the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no previous antecedents and also considering the fact that the charge-sheet has been filed and applicants are in jail since 06.08.2025, conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicants are entitled to be released on bail in this case. 7. Let the Applicants – Bablu Markam & Golu Dewaar involved in Crime No. 246/2025 registered at Police Station – Akaltara, District - Janjgir-Champa (C.G.) offence under Sections 331(4), 305(a) & 3(5) of the BNS 2023, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail 4 during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 8. Office 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 vaibhav