1 2025:CGHC:6071 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 933 of 2025 • Ashish Bande S/o Cheturam Bande Aged About 25 Years At- Near Kukri Talab, Gudhiyari, Ps Gudhiyari, District Raipur, C.G. ... Applicant. versus • State Of Chhattisgarh Through Ps Khamtarai, District Raipur (C.G.). ...State/Respondent. For Applicant : Shri Lukesh Kumar Mishra, Advocate through V.C. For State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/02/2025 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. AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.02.04 16:17:29 +0530 2 660/2024 registered at Police Station Khamtarai, Raipur (C.G.), for the offence punishable under Sections 331(2) and 305 of BNS. 2. Case of prosecution in brief is that applicant along with other co- accused has been arrested on the allegation of house trespassing and theft. It is pertinent to mention that allegation of house trespassing is completely based upon the memorandum story, which is not substantiated by any other evidence which is perusable from the fact that offence was registered against unknown offenders. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He submits that on the basis of one memorandum statement, seven cases including the present, were instituted against the applicant, however, in six cases, trial Court has granted bail to him. He also submits that applicant is in jail since 24.08.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of regular bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and would submit that charge sheet has been filed in the present case and from the present applicant, a bike has been seized. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts & circumstances of the case, and nature of allegation levelled against the applicant and the length of pre trial detention as also the fact that charge-sheet has been 3 filed against the applicant and the trial will take some time for its conclusion, this Court is of the opinion that present applicant is also entitled to be granted regular bail. 7. Let the Applicant- Ashish Bande, involved in Crime No. 660/2024 registered at Police Station Khamtarai, Raipur (C.G.), for the offence punishable under Sections 331(2) and 305 of BNS, be released on bail on his furnishing a personal bond with two heavy 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 sufÏcient 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 4 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 sufÏcient 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. OfÏce is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Avinash