1 2025:CGHC:56173 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8354 of 2025 Mohmmad Junaid S/o Mohammad Imran Aged About 20 Years R/o Kohka Bhilai Near Indu Iti Ps Supela District Durg (C.G.) ... Applicant Versus State Of Chhattisgarh Through Police Station Balod, District Balod (C.G.) ... Non-applicant For Applicant : Ms. Anuja Sharma, Advocate For Non-applicant : Ms. Smriti 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. 184/2025 registered at Police Station – Balod, District – Balod (C.G.), for the offence punishable under Sections 305, 331 (3) and 3 (5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case is that, on 03.05.2025 at about 05:00 P.M., when the complainant returned to his shop, he found that a sum of Rs. 1,20,000/- had been stolen from the shop. During the course of investigation, the applicant along with the co-accused was apprehended by the police and a sum of Rs. 5,000/- was recovered from the possession of the co-accused person. Thereafter, the applicant was arrested on 13.05.2025. 2 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the crime in question. She further submits that, against the bail rejection order, the identically situated co-accused, namely, Mohammad Adnan preferred bail application bearing M.Cr.C. No. 5615 of 2025 before this Court, in which the the co-accused Mohammad Adnan has been granted the benefit of regular bail. Hence, he prays for grant of bail to the applicant on the ground of parity. However, she submits that no recovery has been made from the present applicant and it was the co- accused Mohammad Adnan from whose possession Rs. 5,000/- was recovered and he has been granted 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 along with the co-accused person. Therefore, he may not be granted 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, the fact that co-accused, namely, Mohammad Adnan preferred bail application bearing M.Cr.C. No. 5615 of 2025 before this Court, in which the the co-accused Mohammad Adnan has been granted the benefit of regular bail and no recovery has been made from the present applicant, as such, without further commenting anything on merits, this Court finds it appropriate to grant bail to the applicants. 7. Let the Applicant – Mohammad Junaid, involved in Crime No. 184/2025 registered at Police Station – Balod, District – Balod (C.G.), for the offence punishable under Sections 305, 331 (3) and 3 (5) of the Bhartiya Nyaya 3 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 in accordance with law. 4 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