1 2025:CGHC:54255 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6490 of 2025 Sohel Verma @ Sahil S/o Ashok Verma Aged About 19 Years R/o Near Gyan School Prem Nagar, Gudhiyari, District- Raipur ( C.G. ). ... Applicant Versus State Of Chhattisgarh Through- Station House Officer, Police Station Kabir Nagar, District- Raipur ( C.G. ). ... Non-applicant For Applicant : Ms. Khushbu Sahu, Advocate For Non-applicant : Ms. Smriti Shrivastava, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 06/11/2025 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. 114/2025 registered at Police Station – Kabir Nagar, District – Raipur (C.G.), for the offence punishable under Sections 331 (4), 305 (A), 3 (5) of the Bhartiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that he complainant Ashok Shukla lodged the report before police station Kabir Nagar Raipur. On 29/06/2025 noon at about 14.30 Hours to 10/07/2025 in the morning at about9.00 Hours in the house of complainant Ashok Shukla alleged herein that some unknown persons entered into house of complainant, that he was having Jewelry 2 Silver and Gold, 8 piece of gold ear ring, two big Gold Necklace, four piece of Gold Mangalsutra, One diamond Mangalsutra, one bracelet, four piece Gold ring, one small gold chain, two piece gold nose rings, four piece gold ring, one piece gold bindi, 15 piece silver anklet, 40 piece gold foot rings, two piece silver ornament, 12 piece silver coins, Silver article and cash amount of Rs. 15,000/- and other Silver and Gold Jewelry and cash amount of Rs. 2000/- total worth of Rs. 6,00,000/- has been stolen. On the basis of such report lodged by the complainant, the concerned police station Kabir Nagar Raipur, District Raipur (C.G.) investigated the matter and registered the crime for an offence under section 331(4), 305(A),3(5) of BNS 2023 against the present applicant and he was arrested on 14.07.2025. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. She submits that the applicant has been impleaded only on the ground of suspicion and test identification has been conducted of the applicant. She further contended that a seizure of two notes of the denomination of Rs. 500/- has been made from the applicant which is yet to be proved and there is no material no material against the applicant in the charge-sheet. He further submits that no criminal antecedents is registered against the applicant, he is a young boy of tender age and the bread-winner of his family. Applicant is in jail since 14.07.2025, 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 already been submitted before the competent Court in the present case. However, he submits that there specific allegations against the applicant of commission of theft from the house of the complainant. However, he do not dispute the submission of counsel for the applicant that there are no criminal antecedents against him. Therefore, applicant may not be enlarged on bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary and the fact that, applicant is having no criminal antecedent against him, further, charge-sheet has been filed before the competent Court, period of pre-trial detention, without further commenting anything on merits, this Court finds it appropriate to grant bail to the applicants. 7. Let the Applicant – Sohel Verma @ Sahil, involved in Crime No. 118/2025 registered at Police Station – Kabir Nagar, District – Raipur (C.G.), for the offence punishable under Sections 331 (4), 305 (A), 3 (5) of the Bhartiya 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 4 against them, 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 them 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