1 2025:CGHC:53402 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8481 of 2025 Ashwini Banjare @ Bunty S/o Makhanlal Banjare Aged About 20 Years R/o Village Gujra, Bhatapara Railway Fatak P.S. Mandi Hasaud District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Aarang, District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Varunendra Mishra, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.10.2025 Heard, 1. Mr. Varunendra Mishra, Advocate appearing for the applicant submits that he has filed his power/vakalatnama today itself on behalf of the applicant. 2. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.01 14:19:55 +0530 2 384/2025, registered at Police Station : Arang District – Raipur (C.G.) for the offence punishable under Section 331(4), 305(A) & 3(5) of the BNS 2023. 3. The prosecution story, the complainant Yashwant Sahu had lodged a report in Police Station Arang District Raipur, alleging therein that on 04.07.2025 at 09.00 pm, when he go to the house after shutting down his shop. On 05.07.2025, at about 6.30 am, the peanut seller had informed him that the lock of his mobile shop is in broken condition. Thereafter he rushed to the shop and found that about 16 No. new mobiles of different companies, 04 No. second hand mobiles (Totaling to Rs. 2,50,000/-) had been stolen by unknown thief. 4. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the case. He further submits that there are no specific or direct allegations against him, only vague and general ones. Considering the material available on record, no prima facie case is made out against the applicant. He has no criminal antecedent and has been languishing in jail since 12.09.2025, while the trial is likely to take considerable time for its conclusion. The applicant is a student of ITI Mana, Raipur, having taken admission during the current academic year, and continued detention will adversely affect his education and future. The applicant is a permanent resident of the address mentioned in the cause title and undertakes to abide by all conditions that may be imposed by this Hon’ble Court, therefore, he prays for the grant of regular bail to the applicant. 5. On the other hand learned State counsel opposes the bail application 3 of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. 6. I have heard learned counsel for the parties and perused the case- diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence levelled against the present applicant, and also taking into account that the applicant has no criminal antecedent, that the charge-sheet has been filed before the competent Court, and the applicant has been in judicial custody since 12.09.2025, and that the conclusion of the trial may take some more time, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 8. Let applicant, Ashwini Banjare @ Bunty, involved in Crime No. 384/2025, registered at Police Station : Arang District – Raipur (C.G.) for the offence punishable under Section 331(4), 305(A) & 3(5) of the BNS 2023, be released on bail on furnishing personal bond with two local 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 4 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, (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 him in accordance with law. 9. 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 Vaibhav