1 2025:CGHC:56171 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8363 of 2025 Suraj Dewangan @ Bittu S/o Late Shivbalak Dewangan Aged About 19 Years R/o Village- Mohanpur, Police Station Bhatgaon, District Surajpur C.G. ... Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station Manipur, Ambikapur, District Surguja C.G. ... Non-applicant For Applicant : Mr. Aman Upadhyay, Advocate For Non-applicant : Ms. Shubhra Shrivastava, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 18/11/2025 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. 190/2025 registered at Police Station – Manipur, District – Surguja (C.G.), for the offence punishable under Sections 303 (2) & 3 (5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case is that the complainant lodged report in the concerned police station that on 28.06.2025 at about 09:00 P.M., when the complainant went to District Hospital, Ambikapur for visiting his relative and had stayed in the hospital overnight and the next day, when he was going to his house, he found that his motorcycle i.e. TVS Apache bearing registration no. CG 16 CR 6491 was stolen by unknown person. Thereafter, report was 2 lodged by the concerned authorities in the concerned police station. Based on the report, aforementioned crime was registered and the applicant was arrested on 01.08.2025. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the crime in question. He submits that investigation is complete and charge-sheet has been filed before the competent Court. He contended that the applicant is a poor person, he is having 01 criminal antecedent (Crime No. 157/2025, P.S. - Manipur, Ambikapur, District – Surguja) against him of similar nature which is pending. There is no evidence available against the applicant in the case-diary and no seizure has been made from him. He has been impleaded in the crime only on the basis of memorandum statement of the co-accused. He is in jail since 01.08.2025. Hence, applicant may be enlarged on bail. 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, she submits that there specific allegations against the applicant of commission of theft of motorcycle of the complainant, therefore, applicant may not be enlarged on bail. 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 01 criminal antecedent against him of the year 2025, further, charge-sheet has been filed before the competent Court, without further commenting anything on merits, this Court finds it appropriate to grant bail to the applicants. 7. Let the Applicant – Suraj Dewangan, involved in Crime No. 190/2025 registered at Police Station – Manipur, District – Surguja (C.G.), for the 3 offence punishable under Sections 303 (2) & 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 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 4 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