1 2025:CGHC:60643 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10313 of 2025 1 - Shoaib Khan @ Raja S/o Ayub Khan Aged About 29 Years R/o Village Kamaipur, P.S. Magarlod, District Dhamtari (C.G.) 2 - Devnarayan Dhruv S/o Ganesh Ram Dhruv Aged About 29 Years R/o Village Kamaipur, P.S. Magarlod, District Dhamtari (C.G.) ... Applicants versus 1 - State of Chhattisgarh Through The Station House Officer, Police Station Dugli District Dhamtari (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Ms. Aditi Singhvi, Advocate For Respondent/State : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.12.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.30/2025, registered at Police Station – Dugli, District – Dhamtari (C.G.) for the offence punishable under Sections 303(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that complainant filed a complaint on 05.11.2025 stating that on 09.09.2025 he had parked his tractor VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.12.16 11:01:58 +0530 2 trolly in front of Community Hall of Village – Bhandarwadi. However, on morning of 10.09.2025 he found that his tractor trolly bearing No.C.G.05 W 0880 was missing, therefore, FIR has been registered. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have falsely been implicated in this case and there are three criminal antecedents registered against the applicant No.1 bearing crime Nos. 176 of 2025 for offence under Sections 303(2), 3(5) of BNS registered at Police Station Magarlod, bearing Crime No.31 of 2025 for offence under Sections 303(2), 3(5) of BNS registered at Police Station Dugli and both are pending for their conclusion and Crime No. 46 of 2016 for offence under Sections 409, 511 registered at police station Magarload, District- Dhamtari (C.G.) in which applicant has already been acquitted and applicant No.2 has two criminal antecedent bearing crime No.176 of 2025 for offence under Sections 303(2), 3(5) of BNS registered at Police Station Magalod and crime No. 31 of 2025 for offence under Sections 303(2), 3(5) of BNS registered at Police Station Dugli and both are pending for their conclusion. It is further submitted that the charge-sheet has been filed in this case. She further submits that applicants have already been granted bail by learned trial Court in crime No. 31 of 2025 and crime No.176 of 2025 (applicant No.2 has been granted bail as per contents of order dated 19.11.2025). The applicants are in jail since 25.11.2025 and 19.11.2025 respectively and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are three criminal antecedent registered against applicant No.1 and two criminal antecedents 3 registered against applicant No.2 and the charge-sheet has been filed in this case. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that that applicants have already been granted bail by the trial Court in crime No. 31 of 2025 and crime No.176 of 2025 (applicant No.2 has been granted bail as per contents of order dated 19.11.2025). The applicants are in jail since 25.11.2025 and 19.11.2025 respectively and conclusion of the trial is likely to take some time, I am inclined to allow this application of the applicants. 7. Let applicants, Shoaib Khan @ Raja and Devnarayan Dhruv, involved in Crime No.30/2025, registered at Police Station – Dugli, District – Dhamtari (C.G.) for the offence punishable under Sections 303(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) of the Bharatiya Nyaya Sanhita, 2023 (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 4 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. 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 vaishali