1 2025:CGHC:61358 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9146 of 2025 Nandani Bharti W/o Banjara Bharti Aged About 30 Years R/o Village Bhainsapasara Manikachan, Police Station City Kotwali 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 : Ms. Lata Nayak, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri 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 applicant who has been arrested in connection with Crime No. 979/2025 registered at Police Station : City Kotwali, Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 305, 331(4), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, in brief, the complainant namely Indra Kumar made a report to the Police Station stating therein that some construction work was going on at the Sindhi Dharamshala near Ram ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.17 11:16:59 +0530 2 Sagar Talab, Balodabazar, and for the purpose of the said construction work, iron rods, a cutter, and other articles were stolen by some unknown persons after the lock was broken. On the basis of the said report, the police registered the crime and filed the charge-sheet before the concerned Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. She further submits that the present applicant has only two criminal antecedents of a similar nature, one of which is also listed before this Court today. She also submits that the applicant has been in jail since 09.10.2025 and that the conclusion of the trial may take some time. Therefore, she 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 been submitted before the competent Court in the present case. She submits that the applicant has 02 criminal antecedents of similar nature, shows that the applicant is a habitual offender, therefore, the applicant is not entitled for grant of regular bail 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, the nature and gravity of the offence, and further the fact that the present applicant has only two criminal antecedents of a similar nature, one of which is also listed before this Court today, and that the charge-sheet has already been submitted before the competent Court in the present case, and that the present applicant, who is a lady, has been in jail since 09.10.2025, and that the trial is likely to take some time for its conclusion, I am of the 3 opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Nandani Bharti, involved in Crime No. 979/2025 registered at Police Station : City Kotwali, Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 305, 331(4), 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 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, 4 (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