1 2025:CGHC:53440 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8658 of 2025 Virendra Patle @ Sonu S/o Narottamlal Patle Aged About 34 Years R/o Village Sormal, P.S. Akaltara District Janjgir-Champa Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Saraipali, District Mahasamund Chhattisgarh ... Non-applicant For Applicant : Mr. Ravipal Maheshwari, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.10.2025 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 who has been arrested in connection with Crime No. 172/2025 registered at Police Station Saraipali, District Mahasamund (C.G.), for the offences punishable under Sections 303(2), 317(4), 3(5), 111, 112 of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant lodged an FIR at the concerned police station alleging that, on the date of the incident i.e., 28.06.2025, at about 6:00 p.m., some unknown persons committed theft of approximately 300 litres of diesel from truck bearing ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.31 18:45:41 +0530 2 registration no. CG-06-GM-5772, which was parked near Bansal Auto Parts, Batauri, on N.H. 53. Based on the said complaint, the police registered a case under Sections 303(2), 317(4), 3(5), 111, and 112 of the B.N.S. against the driver of the said vehicle and other persons. After investigation, the police arrested the present applicant on the basis of his memorandum statement. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the aforesaid case. He submits that the applicant has only two criminal antecedents under the BNS, in which he has already been granted regular bail. The said fact has also been mentioned in paragraph No. 4(a) of the present bail application. He further submits that the applicant has been languishing in jail since 05.08.2025 and that the conclusion of the trial may take some time. Therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that although the charge-sheet has already been submitted in the present case, she does not have the case diary. 5. I have heard learned counsel for the parties. 6. Taking into consideration the facts and circumstances of the case, and the allegation against the applicant that he, along with other co-accused persons, has allegedly committed theft of 300 liters of diesel, as well as the fact that the applicant has only two criminal antecedents under the BNS in which he has already been granted regular bail, the said fact being mentioned in paragraph No. 4(a) of the present bail application, and further considering that the charge-sheet has already been submitted before the competent Court and that the applicant has been in 3 jail since 05.08.2025, conclusion of the trial likely to take some more time, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Virendra Patle @ Sonu, involved in Crime No. 172/2025 registered at Police Station Saraipali, District Mahasamund (C.G.), for the offences punishable under Sections 303(2), 317(4), 3(5), 111, 112 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his 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 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 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 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