1 2025:CGHC:13871 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1044 of 2025 Nikhil Yadav S/o Late Bhagwat Prasad Yadav Aged About 22 Years R/o Village Purani Basti, Lingiyadih, P.S. Sarkanda, District Bilaspur Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Sarkanda, District Bilaspur Chhattisgarh. ... Non-applicant For Applicant : Mr. Bharat Lal Sahu, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.03.2025 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. 77/2024, registered at Police Station : Sarkanda, District Bilaspur, (C.G.) for the offence punishable under Sections 331(4), 305(a) and 3(5) of Bhartiya Nyay Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant lodged a report at the concerned police station alleging that, on the date of the incident, unknown persons entered his house and committed RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 theft of gold, silver, and cash amounting to Rs. 1,00,000/-. Based on the complaint, the police registered a case under Sections 331(4), 305(a), and 3(5) of the Bharatiya Nyay Sanhita, 2023, against the unknown persons. After investigation, the police arrested the present applicant based on a memorandum statement. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that only on the basis of the memorandum statement of the accused person, the applicant has involved as accused in connection of crime based upon the false and baseless allegation. He further submits that the prosecution has wrongly collected cash amount of Rs. 1000/- from the present applicant without sufÏcient enquiry. He further submits that police has not seized any said article from the applicant and he was not committed theft of the seized article. He further submits that the applicant has only one criminal antecedent which is of the year 2024 and he is in jail since 20.01.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. He further submits that the present applicant entered complainant’s house and committed theft of gold, silver, and cash amounting to Rs. 1,00,000/- and he has one previous criminal antecedent. Therefore, the present applicant is not entitled to be granted regular bail in this case. 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 cash amount Rs. 5000/- was recovered in the possession of the present applicant and the applicant has onle previous criminal antecedent, but the charge-sheet has been filed before the competent Court and he is in jail since 20.01.2025 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 applicant, Nikhil Yadav, involved in Crime No. 77/2024, registered at Police Station : Sarkanda, District Bilaspur, (C.G.) for the offence punishable under Sections 331(4), 305(a) and 3(5) of Bhartiya Nyay Sanhita, 2023, 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 his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under 4 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