1 2025:CGHC:55314 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9110 of 2025 Prince Raj @ Janu Thakur S/o Late Pramod Singh Thakur, Aged About 29 Years Permanent R/o Nevari Chowki Malhar, Police Station Masturi, District- Bilaspur (C.G.) At Present R/o Tifra Bachhera Talab Police Station Sirgitti, District- Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Seepat, District- Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Gaurav Singhal, Advocate For Respondent(s) : Mr. Amit Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No. 157/2025, registered at Police Station- Seepat, District- Bilaspur (C.G.) for the offences punishable under Section 302(2) of the BNS. MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.11.13 17:21:56 +0530 2 2. As per the prosecution story, in brief, on 15.03.2025, the brother of the complainant, namely Shyam Sundar, had gone to attend a marriage ceremony on his motorcycle, a Honda Dream bearing registration number CG-10/V-8034. On the following morning, i.e., 16.03.2025, at about 5:00 AM, the motorcycle was found missing from the place where it had been parked. Consequently, a complaint was lodged at Police Station Seepat. During the course of investigation, the said motorcycle was allegedly found in the possession of the present applicant at Bilaspur City, upon which he was arrested, and after completion of the investigation, the charge-sheet was filed before the concerned Court. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The applicant has neither committed nor participated in any such act, which may amount to any of the offences mentioned above. Further, besides the above, the evidence collected by the prosecution are also not prima facie sufficient to hold the applicant guilty as the FIR has been lodged against the unknown persons and applicant has been arrested on 07.04.2025 only on the basis of suspicion. So far as criminal antecedents of the applicant are concerned, he has two previous pending cases registered against him of the year 2020. The charge-sheet has already been filed and conclusion of the trial is likely to take some time, therefore, he submits that the present applicant be released on bail. 3 4. On the other hand, learned counsel for the State opposes the bail application of the applicant but could not dispute that charge- sheet has already been filed. 5. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the present applicant has been implicated in connection with the theft of a motorcycle belonging to the complainant’s brother. The FIR in the present case was initially lodged against unknown persons, and the applicant has been arrested subsequently on 07.04.2025, merely on the basis of suspicion. There is no direct or eyewitness evidence showing the involvement of the applicant in the commission of the alleged offence. The motorcycle has already been recovered, the investigation has been completed, and the charge-sheet has been filed. Although it is stated that the applicant has two previous cases pending from the year 2020, the same cannot be a ground to deny bail in the absence of any specific allegation of habitual involvement or misuse of liberty. Under these circumstances, this Court is of the view that the applicant deserves to be enlarged on bail 6. Let applicant, Prince Raj @ Janu Thakur, involved in Crime No. 157/2025, registered at Police Station- Seepat, District- Bilaspur (C.G.) for the offences punishable under Section 302(2) of the BNS, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court 4 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 them 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 Bharatiya Nyaya Sanhita 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 Section 209 of Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) 5 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. 7. 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 Manpreet