1 2025:CGHC:53118 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6886 of 2025 1 - Bedprakash Sahu @ Bedu S/o Rampyar Sahu Aged About 30 Years R/o Village Singarpur, P.S. And Tahsil Bhatapara, District Balodabazar C.G. 2 - Gulshan Sahu S/o Hemraj Sahu Aged About 25 Years R/o Village Sahupara Singarpur, P.S. And Tahsil Bhatapara, District Balodabazar C.G. ... Applicants Versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali, Mungeli, District Mungeli C.G. ... Non-applicant For Applicant : Mr. B.L. Sahu, Advocate For Non-applicant : Mr. Hariom Rai, Panel Lawyer S.B. : Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30/10/2025 1. The applicant has preferred this Second 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. 339/2025, registered at Police Station- City Kotwali, District : Mungeli, (C.G.) for the offence punishable under Sections 331 (4), 305 (A), 317 (2), 3 (5) of the Bharatiya Nyaya Sanhita, 2023. 2. As per the case of the prosecution, the complainant has lodged report to the concerned police station alleging that on the date of incident, some unknown persons entered in his house by breaking lock and committed theft of gold, 2 silver and cash amount of Rs. 24,50,000/- from his house and on the basis of complaint made by the complainant, the police has registered the case under section 331(4), 305(A), 317(2), 3(5) of B.N.S.. against the unknown persons and during investigation, the police has arrested the present applicants on 01/02.08.2025 on the basis of memorandum of the statement on which a case has been registered in Mahasamund Police Station under Crime No.- 146/2025. 3. Learned counsel for the applicants submits that the applicants are innocent persons, they have been falsely implicated in the aforesaid crime. They have not committed any offence as alleged. He submits that the applicants have been impleaded in the crime on the basis of the memorandum statement and on mere suspicion. There is no material available against the applicants and no seizure has been made from the applicants. Further, two co-accused persons have also been enlarged on bail by the learned Court below, offence is triable by the Judicial magistrate First Class. So far as criminal antecedents of the applicant are concerned, he submits that there is 01 criminal antecedent against the Applicant No. 1 and none against the Applicant No. 2. Applicants are in jail since, 01/02.08.2025. Lastly, the conclusion of the trial is likely to take some time, hence he prays for grant of bail to the applicants. 4. Learned counsel for the State submits that the allegations against the applicant are serious and prima facie disclose criminality under Sections 331 (4), 305 (A), 317 (2), 3 (5) of the Bharatiya Nyaya Sanhita, 2023. He further submits that charge-sheet has not been filed before the concerned Court and the investigation is still going on. 5. I have heard learned counsel for the respective parties and perused the documents enclosed along with the bail application. 3 6. Upon careful consideration of the submissions made by learned counsel for the applicant and the State, it is observed that the applicants have been in custody since 01/02.08.2025, charge-sheet has not been filed before the concerned Trial Court and the investigation is still going on, there is only one criminal antecedent against the Applicant No. 1 and none against the Applicant No. 2, it appears to be just and reasonable case to allow the applicant to be released on bail. 7. Accordingly, applicants- Bedprakash Sahu & Gulshan Sahu, involved in Crime No. 339/2025, registered at Police Station- City Kotwali, District : Mungeli (C.G.) for the offence punishable under Sections 331 (4), 305 (A), 317 (2), 3 (5) of the Bharatiya Nyaya Sanhita, 2023 be released on bail on her 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 his absence, without sufficient cause, the trial court may proceed against them 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 Bharatiya Nyaya Sanhita is issued and the applicant fails to appear before the court on the date fixed in 4 such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section Section 209 of 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 her in accordance with law. 8. Office 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 Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY