1 2025:CGHC:59189 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9522 of 2025 Yuvraj Rathore S/o Gayaprasad Rathore Aged About 20 Years R/o Mahuda, Ward No. 01, Jhiriyatola, Jaithari, District Anuppur, M.P. ... Applicant(s) versus State Of Chhattisgarh Through P.S. Gaurela, District- Gaurela-Pendra- Marwahi C.G. ... Respondent(s) For Applicant(s) : Mr. Shivendra Kumar, Advocate. For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/12/2025 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. 184/2025 registered at Police Station Gaurela, District- Gaurela-Pendra-Marwahi (C.G.) for the offence punishable under Sections 303(2), 112(2), 3(5) of BNS. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that the accused persons, Mrigendra Rathore @ Ankit (S/o Santosh Rathore), Shivam Rathore (S/o Devnarayan), along with their associates—allegedly conspired to commit tractor theft during the night. As per their memorandum statements, they had planned and executed the theft of a Swaraj tractor and a Sonalika tractor from Kotkharra village and nearby areas during late-night hours when the surroundings were deserted. On the basis of their disclosure statements, a blue Sonalika tractor bearing Chassis No. HZJSG753151S3 and Engine No. 3100FLU 83F74 5449F18 was recovered from the possession of the accused. The charge-sheet further indicates that the applicant/accused Yuvraj Rathore is also involved in another similar case registered at Police Station Pendra, Crime No. 80/25 under Section 379(2) IPC, reflecting his involvement in offences of the same nature. According to the memorandum statements, a group of five persons planned the theft and, around 02:00 AM, took advantage of the deserted situation to steal the Sonalika tractor parked in front of a house in village Kotkharra. During the commission of the offence, the applicant/accused Yuvraj Rathore allegedly sat on the tractor engine, started the vehicle, and actively participated in the theft. Thus, the prosecution asserts that the applicant/accused Yuvraj Rathore, along with his co-accused, committed a serious and organised act of tractor theft in a planned and coordinated manner. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not 3 committed any offence and he has been falsely implicated in offence in question. He further submits that four of the identically situated co-accused persons, namely, Sahil Rathore, Shivam Kumar Rathore, Shivam Rathore and Mrigendra Rathore @ Ankit have already been granted bail by this Court vide orders dated 06.10.2025, 22.09.2025 and 29.10.2025 in MCRC Nos. 7834 of 2025, 7617 of 2025 and 7419 of 2025. The applicant is in jail since 01.08.2025, the applicant has one criminal antecedent of the year 2025, against which applicant has preferred bail application, further charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant along with his associates, planned and committed an organised theft of a Sonalika tractor during the night. As per the memorandum statements, he actively participated in the incident by sitting on the tractor engine and starting the vehicle, thereby facilitating the theft. The crime was executed by a group of five persons in a coordinated manner around 2:00 AM from a house in village Kotkharra. She further submits that the applicant is involved in another similar offence registered at Police Station Pendra, indicating repeated involvement in offences of similar nature. Therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused 4 the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 01.08.2025, the fact that though the applicant allegedly, along with his co-accused, participated in a planned and organised theft of a Sonalika tractor during late night hours, but considering the fact that four co-accused persons, namely, Sahil Rathore, Shivam Kumar Rathore, Shivam Rathore and Mrigendra Rathore @ Ankit have already been granted bail by this Court vide orders dated 06.10.2025, 22.09.2025 and 29.10.2025 in MCRC Nos. 7834 of 2025, 7617 of 2025 and 7419 of 2025 and the case of present applicant is identical to that of the aforementioned co-accused persons, so far as criminal antecedent of the applicant is concerned, applicant has only one criminal antecedent, which is of identical nature and charge-sheet has been filed, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Yuvraj Rathore, involved in Crime No. 184/2025 registered at Police Station Gaurela, District- Gaurela-Pendra- Marwahi (C.G.) for the offence punishable under Sections 303(2), 112(2), 3(5) of BNS, be released on bail on his furnishing a 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 5 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. (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. 9. 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 Akhil