1 2025:CGHC:5616 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 825 of 2025 Vijay Kumar Basor S/o Shivkumar Basor Aged About 22 Years R/o Village Lamidah, Police Station Sarai, District- Singrouli (M.P.) ... Applicant versus State of Chhattisgarh Through- The Station House OfÏcer, Police of Police Station Surajpur, District Surajpur (C.G.) ... Non-Applicant For Applicant : Mr. Anil Kumar Gulati, Advocate. For Non-Applicant : Ms. Monika Thakur, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 306/2024, registered at Police Station : Surajpur, District- Surajpur, (C.G.) for the offence punishable under Sections 457, 380, 411 read with Section 34 of Indian Penal Code. 2. The case of the prosecution, in brief, is that the complainant, Vikas Soni, lodged an FIR alleging that he is the owner of a shop named Vikas Jewellers. On 02.06.2024, at around 9:30 PM, after closing RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.31 11:14:20 +0530 2 the shop, he went to his house in Gopalpur, while his mother and father remained at the shop. The next morning, his father informed him about a theft at the shop. Upon reaching there, the complainant saw that silver and gold ornaments, along with cash totaling Rs. 14,50,000/-, had been stolen by unknown persons. Subsequently, the police investigated the matter and recorded the memorandum statement of the applicant, in which the applicant admitted to committing the theft along with co-accused persons. Accordingly, the seizure of stolen items was also carried out. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. He also submits that the false seizure has been prepared by the police in order to rope the applicant in a false criminal case. He further submits that the present applicant has no previous criminal antecedent and the present applicant is in jail since 12.08.2024 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the present applicant has committed theft of silver and gold ornaments, along with cash totaling Rs. 14,50,000/- from the shop of complainant, namely, Vikas Jewellers. She further submits that the present applicant has 01 criminal antecedent under the similar nature of the year 2023 which is pending, therefore, the applicant is not entitled for grant of bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that though the present applicant has committed theft of silver and gold ornaments, along with cash totaling Rs. 14,50,000/- from the shop of complainant, namely, Vikas Jewellers and he has 01 criminal antecedent which is pending, but Rs. 1,40,000/- was recovered from the possession of the present applicant and in the present bail application the charge-sheet has been filed before the competent Court and he is in jail since 12.08.2024 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Vijay Kumar Basor, involved in Crime No. 306/2024, registered at Police Station : Surajpur, District- Surajpur, (C.G.) for the offence punishable under Sections 457, 380, 411 read with Section 34 of Indian Penal Code, be released on bail on furnishing 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 4 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan