1 2025:CGHC:59530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8695 of 2025 Rajendra Sahu Alias Ugesh Sahu S/o Makhnu Sahu Aged About 35 Years R/o Village Seoni, Bhatapara, Ward No. 18, Thana Mujaghan, District Raipur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through S.H.O. P.S. Mujaghan, Raipur, Tahsil And District Raipur, Chhattisgarh. ... Respondent For Applicant : Shri Vivek Siddharth Ojha, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/12/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.204/2025 registered at Police Station Mujaghan, Raipur (C.G.) for the offence punishable under Sections 305, 331(3) of BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.12.09 15:51:16 +0530 2 2. Case of the prosecution, in brief, is that as per the complainant's report, after dropping her child at school and visiting her mother's house in Rajendra Nagar, she returned to her residence in Boriyakhurd around 2:50 PM and found the steel gate open, the lock broken, and household items scattered. A gold mangalsutra, gold necklace, gold earrings, a silver waistband, and two pairs of silver anklets worth Rs.90,000 were stolen from the cupboard. An FIR no.204/2025 was lodged, and during investigation, based on CCTV footage and information from an informant, seizure proceedings were conducted on the basis of memorandums by Chetan Lal Sahu, Sanjay Sahu, and Rajendra Sahu. The applicant/accused, was arrested on 29.09.2025 in connection with the above mentioned crime. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He would submit that no specific role has been attributed to the applicant in the FIR, nor is his name mentioned therein. He would submit that the applicant works as a driver at the residence of the complainant’s father and has been implicated merely due to this association, without any evidence. He would submit that the alleged recovery of a mangalsutra is false and fabricated. He would submit that no independent witnesses were present during the alleged seizure. He would submit that the applicant is in jail since 29/09/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that the applicant has two criminal antecedents which has been explained in para 4(A) of the bail application. She 3 would submit that from the applicant one mangalsutra has been recovered. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, further the fact that from the applicant one mangalsutra has been recovered, period of detention of the applicant since 29/09/2025 and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Rajendra Sahu Alias Ugesh Sahu, involved in Crime No.204/2025 registered at Police Station Mujaghan, Raipur (C.G.) for the offence punishable under Sections 305, 331(3) of BNS, be released on bail on his furnishing a 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 4 proceed against him 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 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. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri