1 2025:CGHC:59511 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8570 of 2025 Mohd. Tahzeeb S/o Abdul Gani Aged About 28 Years R/o Ward No. 23, Kakrala Badaun (U.P.) Pin- 243637 ... Applicant versus State Of Chhattisgarh Through Police Station- Gandhinagar, District Sarguja C.G ...Non-applicant For Applicant : Dr. Sudeep Agrawal, Advocate. For Non-applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 08.12.2025 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. 396/2025 registered at Police Station - Gandhinagar District – Sarguja (C.G.), for the offences punishable under Section 331(4), 305, 61(2) & 112 of the BNS. 2. The prosecution story in brief is that a theft was committed in the house of Brajesh Kumar Singh when he was not in his house and on VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.09 11:44:57 +0530 2 the ground of suspicion the present applicant was arrested by the police authorities. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that The applicant, a young man of 28 years, has been arrested merely on the basis of surmises and conjectures and was never involved in any theft. He has no criminal antecedents and is the sole earning member of his family. It is further submitted that the essential ingredients of the alleged offences are completely missing in the present case. The applicant is ready to furnish adequate surety and undertakes to abide by all terms and conditions that may be imposed by this Hon’ble Court while granting bail, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed in the present case, and the applicant has three criminal antecedent, therefore, he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and further taking into account that the charge-sheet has already been submitted before the competent Court and the applicant has remained in judicial custody since 15.08.2025, coupled with the fact that conclusion of the trial is likely to take some more time, this Court is of 3 the considered view that the applicant has made out a case for grant of bail in the present matter. 7. Let the Applicant – Mohd. Tahzeeb, involved in Crime No. 396/2025 registered at Police Station - Gandhinagar District – Sarguja (C.G.), for the offences punishable under Section 331(4), 305, 61(2) & 112 of the BNS, be released on bail on his furnishing personal bond with two local 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 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav