1 2025:CGHC:59531 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8978 of 2025 Sanjay Sahu, Aged About 42 Years S/o Prahlad Sahu R/o- Village- Chingraud, Mahasamund District Mahasamund (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer Mujgahan Raipur District- Raipur (C.G.) ... Respondent For Applicant : Shri Krishna Tandon, 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 Mujgahan, District 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 15:51:17 +0530 2 2. Case of the prosecution, in brief, is that the complainant namely Rani Sinha lodged first information report (F.I.R.) on 21/09/2025 alleging that on 20/09/2025 while she took her children to holy heart school and thereafter she went to her mother's house, and when the school was over she took her kids back to her house, reaching her house she saw that main gate lock was broken and after entering the house she saw that house lock was also broken and ornaments worth Rs. 80,000/- and cash of Rs. 10,000/- was stolen, total 90,000/- was stolen and theft has been committed by some unknown person. During the investigation co-accused namely Rajendra Sahu was arrested by the police and while his memorandum was being recorded, he took the name of the present applicant, therefore the applicant was arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He would submit that there is no seizure from the applicant and the applicant has been arrested on the basis of memorandum of the co-accused. 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 no criminal antecedents. 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 the applicant has been implicated on the basis of memorandum of the 3 co-accused, applicant has no criminal antecedents, 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- Sanjay Sahu, involved in Crime No.204/2025 registered at Police Station Mujgahan, District 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 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. 4 (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