1 2025:CGHC:61361 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9353 of 2025 Bharti W/o Sunil Bharti Aged About 30 Years R/o Village Bhainsapasara Pahanda Road P.S. Balodabazar- District- Balodabazar- Bhatapara (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station City Kotwali Balodabazar District- Balodabazar- Bhatapara (C.G.) ... Non-applicant For Applicant(s) : Mr. Pragalbha Sharma, Advocate For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.12.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.979/2025, registered at Police Station-City Kotwali Balodabazar District- Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 305, 331(4) of the BNS, 2023. 2. As per the prosecution story, in brief, is that the complainant, namely Indra Kumar, lodged a report at the concerned Police Station alleging that some construction work was in progress at the Sindhi Dharamshala near Ram Sagar Talab, Balodabazar, and that during the course of such ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.17 17:49:17 +0530 2 construction, iron rods, a cutter, and other articles were allegedly stolen by unknown persons, and the lock of the premises was also broken by unknown persons. On the basis of the said report, the police registered a crime and, after investigation, arrested the applicant filed the charge- sheet before the competent Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the instant case. It is contended that there is no direct allegation of theft against the present applicant. The FIR itself was lodged against unknown persons, and in order to conclude the investigation, the police have mechanically connected the present applicant with the theft case without any substantive evidence. So far as criminal antecedents of the applicant are concerned, the same has been explained in para 4(A) of the bail application. He lastly submits that applicant is a lady, languishing in jail since 09.10.2025 and though the charge-sheet has already been filed, the conclusion of the trial is likely to take some time. Hence he prays for grant of bail to the applicant. 4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicant and also the submissions advanced by learned counsel for the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions made by learned counsel for the applicant, the nature of allegations, the fact that the FIR was initially lodged against unknown persons, and there being no direct material prima facie connecting the applicant with the alleged theft, coupled with the fact that applicant is a lady and is in custody since 09.10.2025, and further that the charge-sheet has already been filed and conclusion of the trial is 3 likely to take time, this Court is of the view that the applicant deserves to be enlarged on bail. 7. Let applicant, Bharti, involved in Crime No.979/2025, registered at Police Station-City Kotwali Balodabazar District-Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 305, 331(4) of the BNS, 2023, 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 she 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 her counsel. In case of her absence, without sufÏcient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before 4 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 her in accordance with law. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek