1 2025:CGHC:8683 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 891 of 2025 Shivang Chauhan S/o Indrajeet Chauhan Aged About 19 Years R/o Subhashnagar Gandhinagar Ward No. 2 Ambikapur P.S. Gandhinagar District- Surguja (C.G.) ... Applicant versus State of Chhattisgarh Through- Station House OfÏcer, P.S. Ambikapur District- Surguja (C.G.) ... Non-Applicant For Applicant : Mr. Nishi Kant Sinha, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.02.2025 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. 377/2023, registered at Police Station – Ambikapur District- Surguja (C.G.) for the offence punishable under Sections 457 and 380 of the Indian Penal Code (for short, IPC). 2. As per prosecution story in brief, is that, the complainant has lodged PREETI KUMARI Digitally signed by PREETI KUMARI 2 report that on 16.06.2023, at about 9:30 am when he opened his shop Khalsa Trading Company, he saw that lock was broken and cash amount of Rs. 73,000/- was subjected to theft by unknown person. Hence, this offence. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted the applicant is having three cases out of which in one case, he has already been acquitted so far as the present case is concerned the applicant is in jail 23.11.2023, but as per the status of the trial, two prosecution witnesses have been recorded and the witnesses are not appearing before the trial Court, besides the present two cases, there appears to be no other criminal antecedents against the applicant, further the charge-sheet has been filed in this case 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 opposes the bail application and submits that the charge-sheet has been filed in this case. 5. I have heard learned counsel for the parties and perused all of 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 the applicant was involved in three cases out of which in one case he has been acquitted so far as the present case is concerned the applicant is in jail 23.11.2023, but as per the status of the trial, two prosecution witnesses have been recorded and witnesses are not appearing before the trial Court, besides the present two cases there appears to be no other criminal antecedents against the applicant, further the charge- 3 sheet has been filed in this case and trial is likely to take quite long time for its conclusion, I am inclined to allow this application. 7. Accordingly, the bail application is allowed. Let the applicant- Shivang Chauhan, involved in Crime No. 377/2023, registered at Police Station – Ambikapur, District- Surguja (C.G.) for the offence punishable under Sections 457 and 380 of the Indian Penal Code (for short, IPC), 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 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 4 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 certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti