1 2025:CGHC:42468 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6093 of 2025 Hemanta Rohidas S/o Dashrath Rohidas Aged About 20 Years R/o Baghrachaka, Police Station And Tahsil Brijrajnagar, District Jharsugada (Orissa), At Present R/o Jutmil, Jhopadipara, Raigarh, District Raigarh C.G., (Description Written As Per Second Page Of Order Sheet) ... Applicant(s) versus State Of Chhattisgarh Through The Station House OfÏcer, Police Station City Kotwali, District Raigarh C.G. ... Non-applicant(s) (Cause title taken from case Information System) For Applicant : Mr. Jitendra Shukla, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/08/2025 1. This is the first bail application filed under Section 483 of BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 631/2024 registered at Police Station City Kotwali, District- Raigarh (C.G.) for the offence punishable under Sections 303(2) and read with section 3(5) of B.N.S. 2. Case of the prosecution, in brief, is that the complainant Gopal Agrawal lodged an FIR on 18-10- 2024 before the concerned police KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 station stating therein that he is a driver of the trailer No. CG-13/BB- 5551 and on 11-10-2024 he parked the vehicle in front of OfÏce of Samaru Rana and on the next date i.e. on 12-10-2024 at about 5.35 a.m., he found that the lid of diesel tank was broken and some unknown person have stolen 150 liter diesel. Therefore crime has been registered against the unknown persons and on the basis of CCTV Footage, the present applicant and other co-accused persons have been arrested for the aforementioned offence. 3. Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in the instant case. He further submits that the applicant has neither committed participated in any such act, which may amount to any of the offences, mentioned above. He further submits that besides the above, the evidence collected by the prosecution are also not prima facie sufÏcient to hold the applicant guilty of the aforesaid offences further the present applicant is not the owner of the alleged vehicle. The FIR has been registered against the unknown persons and the present applicant has falsely been implicated in the present case and he is in jail since 24-05-2025 and in the present case, charge sheet has already been filed before the competent Court and the applicant has no criminal antecedent and the conclusion of the trial is likely to take quite long time, therefore, he prays for grant of bail. 4. On the other hand, learned State counsel appearing for the respondent/State opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and the applicant has no previous criminal antecedent 3 moreover, the applicant along with other co-accused were involved in theft of diesel oil i.e. total 150 liters diesel, as such, the present 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 and the fact that in the present case, charge- sheet has been filed before the competent Court and the applicant has no criminal antecedent and no further interrogation is required and the trial is likely to take some time for its conclusion, therefore without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. 7. Let the applicant – Hemanta Rohidas, involved in Crime No. 631/2024 registered at Police Station City Kotwali, District- Raigarh (C.G.) for the offence punishable under Sections 303(2) and read with section 3(5) of B.N.S., 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 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 4 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) 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 for necessary information and compliance.diurt fo forthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal