1 2025:CGHC:53115 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7559 of 2025 1 - Manoj Rohidas S/o Dhan Singh Aged About 35 Years Caste Rohidas, R/o Village Krishna Nagar, Ward No. 5, Dipka, Thana Dipka, Tahsil Dipka, District Korba C.G. ... Applicant Versus 1 - State Of Chhattisgarh Through - Police Station Dipka, District Korba C.G. ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate For Non-applicant : Ms. Vaishali Mahilong, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 30/10/2025 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 has been arrested in connection with Crime No. 27/2025 registered at Police Station - Dipka, District – Korba (C.G.), for the offence punishable under Sections 331 (4), 305 (a), 444, 112 (2) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution's case is that, the complainant Pankaj Tiwari lodged oral complaint before the police station Dipka alleging that some unknown persons have stolen his motorcycle bearing registration no. CG 11 AK 3828 from his garage. On the basis of the said report, the police authorities registered crime for the offences punishable under Sections 331 (4), 305 (a), 444, 112 (2) of the Bharatiya Nyaya Sanhita, 2023 and applicant was arrested on 02.02.2025. 2 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He submits that the applicant there is no direct evidence against the applicant and he has been made accused only the on the basis of the memorandum statement of the co-accused person. He submits that no seizure of motorcycle or any other article has been made from the present applicant. So far as, the criminal antecedents of the applicant is concerned, he submits that there are no criminal antecedents against him. Charge-sheet has been filed before the concerned Trial Court and offience is triable by Judicial Magistrate First Class, applicant is in jail since 02.02.2025 and conclusion of the trial may take some time. Therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed before the competent Court in the present case. However, she submits that there are 03 criminal antecedents against the applicant of similar nature in the same police station which are pending consideration. In the present case also, there are specific allegations leveled against the applicant of committing theft of the motor-cycle of the complainant. Applicant is a habitual offender and therefore, the aforementioned offence was registered. She further submits that considering the seriousness of the offences, the risk of tampering with evidence and the prima facie material collected, it is submitted that the bail application deserves to be dismissed 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submission of counsel for the respective parties and further charge-sheet not been filed before the competent Court, period of pre-trial detention, conclusion of the trial may takes some more time. Therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 3 7. Let the Applicant – Manoj Rohidas, involved in Crime No. 27/2025 registered at Police Station - Dipka, District – Korba (C.G.), for the offence punishable under Sections 331 (4), 305 (a), 444, 112 (2) of the Bharatiya Nyaya Sanhita, 2023 be released on bail on furnishing 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 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 4 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 him 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 Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY