1 2025:CGHC:6525 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1016 of 2025 1. Basanti Giri W/o Late Anand Giri Aged About 40 Years R/o - Gram Ramnagar, Police Station Kusmi, District Balrampur Ramanujganj, Chhattisgarh 2. Fulsundari Giri W/o Manoj Giri Aged About 20 Years R/o - Gram Ramnagar, Police Station Kusmi, District Balrampur Ramanujganj, Chhattisgarh 3. Suhana Giri W/o Devesh Giri Aged About 24 Years R/o - Gram Ramnagar, Police Station Kusmi, District Balrampur Ramanujganj, Chhattisgarh 4. Kabutari Giri W/o Rudan Giri Aged About 40 Years R/o - Gram Ramnagar, Police Station Kusmi, District Balrampur Ramanujganj, Chhattisgarh 5. Mini Giri W/o Bhola Giri Aged About 50 Years R/o - Gram Ramnagar, Police Station Kusmi, District Balrampur Ramanujganj, Chhattisgarh 6. Rajmohani Giri W/o Raju Giri Aged About 50 Years R/o - Gram Ramnagar, Police Station Kusmi, District Balrampur Ramanujganj, Chhattisgarh 7. Mati Giri W/o. Guddu Lal Giri Aged About 40 Years R/o - Gram Ramnagar, Police Station Kusmi, District Balrampur Ramanujganj, Chhattisgarh 8. Bharti Giri W/o. Ajeet Giri Aged About 20 Years R/o - Gram Ramnagar, Police Station Kusmi, District Balrampur Ramanujganj, Chhattisgarh NISHA DUBEY Digitally signed by NISHA DUBEY 2 9. Basanti Giri W/o Shobhit Ram Aged About 32 Years R/o - Gram Ramnagar, Police Station Kusmi, District Balrampur Ramanujganj, Chhattisgarh ... Applicants versus 1. State of Chhattisgarh Through Police Station - Patthalgaon, District - Jashpur (C.G.) ... Non-Applicant For Applicants : Mr. Anshul Tiwari, Advocate For Non-applicant : Ms. Bharat Gulabani, Panel Lawyer SB: Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.02.2025 1. This is first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (henceforth ‘the BNSS’) for grant of regular bail to the applicants, who are in custody in connection with Crime No.210/2024 registered at Police Station Pathalgaon, District Jashpur (CG) for the offence punishable under Sections 304 (2), 112(2), 61 (2) and 3 (6) of the Bharatiya Nyay Sanhita, 2023. 2. The case of the prosecution, in brief, is that on 12.10.2024, complainant, Smt. Pooja Gupta, visited Pathalgaon Police Station and orally reported that at around 1:40 PM, during Durga Visarjan procession, some unknown persons snatched her wedding necklace valued at Rs.44,428/-. During investigation, co-accused persons were arrested, and their memorandum statement was recorded by the police, in which present applicants were also named. Applicants were arrested on 13.10.2024. 3 3. Learned counsel for the applicants submits that present applicants are innocent and have been falsely been implicated in the instant crime. Applicants have been implicated only on the basis of memorandum statement of co-accused. Investigation is completed, charge sheet is filed and conclusion of trial is likely to take time. Applicants are in jail since 13.10.2024, and they have no criminal antecedents except three more cases arising out of the same incident. Co-accused Lalita Giri has already been granted bail by this Court in M.Cr.C. Nos. 8903/2024, 8958/2024, 8967/2024 and 255/52025 vide order dated 17.1.2025. Therefore, he prays for grant of bail to the applicants on the ground of parity. 4. On the other hand, the learned State counsel opposed the bail application of present applicants and submitted that the charge sheet has been submitted before the competent Court. During the investigation, applicants were arrested and based on their memorandum statement recorded by the police, the snatched ornaments have been recovered. Therefore, present applicants are not entitled to be granted regular bail in this case. 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, nature and gravity of offence, period of detention of applicants since 13.10.2024, applicants have no criminal antecedent except three other cases arising out of the same incident and charge- sheet has been filed in the present case, co-accused has already 4 been granted regular bail vide order dated 17.1.2025 in M.Cr.C. Nos.8903/2024, 8958/2024, 8967/2024 and 255/2025, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. 7. Let Basanti Giri, Fulsundari Giri, Suhana Giri, Kabutari Giri, Mini Giri, Rajmohani Giri, Mati Giri, Bharti Giri and Basanti Giri involved in Crime No.210/2024 registered at Police Station Pathalgaon, District Jashpur (CG) for the offence punishable under Sections 304 (2), 112(2), 61 (2) and 3 (6) of the Bharatiya Nyay Sanhita, 2023, be released on regular bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the trial Court concerned, with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court 5 shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously in accordance with law, if there is no legal impediment. 9. 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 Nisha