1 2025:CGHC:58651 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9742 of 2025 Sahil Khan S/o Moin Khan Aged About 21 Years R/o Janakpur Ayodhya Puri, Police Station- Darri, Tehsil And District Korba C.G. ... Applicant. versus State Of Chhattisgarh Through Station House Officer, Police Of Police Station- Darri, District Korba C.G. ... Respondent. For Applicant : Shri Ashutosh Shukla, Advocate. For State/Respondent : Shri Soumya Rai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 03/12/2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.142/2025, registered at Police Station – Darri, District Korba (C.G.) for the offence punishable under Sections 305, 331(3), 3 (5) of Bharatiya Nyaya Sanhita 2023. 2. As per the prosecution story, in brief, Complainant namely Rahul Kumar Pasi lodged a complaint against unknown persons that he is working as Data Entry Operator in Raigarh and lives in Korba, CSEB Colony. On 26.05.2025, when his family members were AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.12.03 20:49:58 +0530 2 gone to Uttar Pradesh, the Complainant went to his workplace at Raigarh and after returning from Raigarh, he saw that the doors of his house were unlocked and the cash amount of Rs.20,000/- and chain earrings, Mangal Sutra worth Rs.97,000/- were missing. After lodging of report, based upon suspicion, present applicant has been booked for the commission of alleged offence under Sections 305, 331(3), 3 (5) of Bharatiya Nyaya Sanhita, 2023. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case as he was not present at the place of incidence and was only arrested based on suspicion without any strong evidence against him. Learned counsel further submits that applicant is a young boy aged about 21 years and he is in jail since 01.08.2025 and the charge-sheet has been filed and 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 opposed the bail application and submits that the charge-sheet has been filed in the present case, however, he submits that the applicant has no criminal history. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and 3 the fact that the charge-sheet has been filed, and the applicant is a young boy aged about 21 years who is in jail since 01.08.2025, further, the applicant has no previous criminal antecedents, and conclusion of the trial is likely to take some time, this Court is of the opinion that the applicant is entitled to be released on bail. 7. Accordingly, the bail application is allowed. Let the applicant - Sahil Khan, involved in Crime No.142/2025, registered at Police Station – Darri, District Korba (C.G.) for the offence punishable under Sections 305, 331(3), 3 (5) of Bharatiya Nyaya Sanhita 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 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 his under Section 269 of 4 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 his, 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 sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against his 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 Avinash