1 2025:CGHC:5306 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 806 of 2025 Bhupendra @ Goldi Markam S/o Late Nandlal Aged About 20 Years R/o - DD Nagar, Raipur, District- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through- The Station House OfÏcer, Police Station - Saraswati Nagar, District- Raipur (C.G.) … Non-Applicant For Applicant : Mr. Amitesh Kumar Pandey, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 29/01/2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 215/2024, registered at Police Station - Saraswati Nagar, District- Raipur (C.G.) for the offence punishable under Sections 303(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2 The case of the prosecution, in brief, is that the complainant, namely, Neeraj Sharma was going to his house from Ramsagarpara on his scooty vehicle bearing registration No. CG/04/MH/5134 between 12.30 PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.30 11:12:45 +0530 2 pm to 01.00 pm on 01.09.2024, then he reached the lane next to vidyapeeth in teachers colony and was urinating after parking his vehicle at the same time two-three person came and stole his scooter Suzuki number CG/04/MH/5134 and a real company mobile kept in it. 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 further submitted that from the present applicant one scooty and one mobile has been seized, further the applicant has one previous criminal antecedents in which he is on bail, the charge-sheet has been filed and the applicant is in jail since 08.11.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. He further submitted that from the present applicant one scooty and one mobile has been seized, further the applicant has one previous criminal antecedents of the year 2024. Therefore, he is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused 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 from the present applicant one scooty and one mobile has been seized, further the applicant has one previous criminal antecedents of the year 2024 in which he is on bail, the charge-sheet has been filed and he is in jail since 08.11.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 3 7 Accordingly, the bail application is allowed. Let the applicant - Bhupendra @ Goldi Markam, involved in Crime No. 215/2024, registered at Police Station - Saraswati Nagar, District- Raipur (C.G.) for the offence punishable under Sections 303(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, 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 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 his, 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 his 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 Preeti