1 2025:CGHC:6135 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 969 of 2025 Omprakash Kanjar S/o Sitaram Kanjar Aged About 36 Years R/o Bholgarh, Police Station Anuppur, District - Anuppur (M.P.) ... Applicant versus State of Chhattisgarh Through- Station House OfÏcer, Police Station - Churcha, District - Manendragarh - Chirmiri - Bharatpur (C.G.) ... Non-Applicant For Applicant : Mr. Yogendra Chaturvedi, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.02.2025 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. 207/2024, registered at Police Station – Churcha, District - Manendragarh - Chirmiri - Bharatpur (C.G.) for the offence punishable under Sections 303(2), 324(2), 238, 112(C) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, is that that on 20.09.2024, the applicant PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.02.04 16:18:44 +0530 2 Dhansai withdrew Rs. 30,000 from Central Bank Charcha, out of which he kept Rs. 2,000 in his pocket and gave Rs 28,000 to his daughter Manmati to keep. His daughter kept the said amount in the scooty's trunk (luggage box) andlocked it, and thereafter the complainant and his daughter Manmati went to buy some goods from the utensils shop attached to Modi shop near Hanuman temple. It is further said that some unknown persons stole Rs. 28,000 and passbook kept in the trunk, matter was reported to the police and on that a case was registered by P.S. Charcha vide Crime No 207/2024 for the offence u/s 303 (2) BNS, during the investigation, the applicant/ accused Omprakash Kanjar was taken into custody and his memorandum statement was recorded, in which it was revealed that on 20.09.2024 the applicant /accused and other co-accused Sumit alias Bandar Kanjar, Sanjay Kanjar, Arun Kanjur alias Ladha together had stolen the money kept in the scooty's trunk. 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 that the prosecution has arrested the applicant only on the basis of his memorandum statement. It is later submitted that the applicant has previous criminal antecedents which are :- (1) Crime No. 1092/2024 P.S. Baithan, District Singrauli (M.P.) 303, (2) Case No. 236/2021 offence under Section 392 of 1.P.C. (3) Crime No. 300/2007 P.S. Kotma (M.P.) offence under Sections 25 and 27 of the Arms Act, (4) Crime No. 246/2016 P.S. Vishvawidyalaya District Rewa (M.P.) offence under Sections 392 of I.P.C. (5) Crime No. 163/2017 P.S. Amlai, District- Shahdol (M.P.) offence under Sections 394 of I.P.C. (6) Crime No.267/2015 P.S. Baithan, Distt. Singrauli (M.P.) offence under Sections 379, 34 of 1.P.C. (7) Crime No. 463/2015 offence under Sections 379, 34 of I.P.C. (8) Crime No. 160/2017, P.S. Kotma, Dist. Anuppur (M.P.) 3 offence under Sections 379 of I.P.C. (9) Crime No. 102/2005 P.S. Uchhera, District Satna (M.P.) offence under Section 379 of I.P.C. (10) Crime No. 217/2006 P.S. Anuppur (M.P.) offence under Section 25 of the Arms Act, (11) Crime no. 198/2007 P.S. Kotma, offence under Sections 36, 38 of I.P.C. (12) Crime No. 20/2016, P.S. Baithan, Distt. Singrauli (M.P.) offence u/s 392 of I.P.C. (13) Crime No. 163/2009, P.S. Panna, District Panna (M.P.) Offence under Sections 25, 27 of the Arms Act, (14) Crime No. 234/2019 P.S. Anuppur offence under Sections 294, 323, 427, 458,506, 34 of I.P.C. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 20.09.2024 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 opposes the bail application and submits that the charge-sheet has been filed in this case. He further submits that the applicant has 14 previous criminal antecedents, therefore, he is not entitled for grant of bail. 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 prosecution has arrested the applicant only on the basis of his memorandum statement, further the applicant has previous criminal antecedents, most of the the cases are old and stale, further the charge- sheet has been filed against the applicant, the applicant is in jail since 20.09.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 4 7. Accordingly, the bail application is allowed. Let the applicant - Omprakash Kanjar, involved in Crime No. 207/2024, registered at Police Station – Churcha, District - Manendragarh - Chirmiri - Bharatpur (C.G.) for the offence punishable under Sections 303(2), 324(2), 238, 112(C) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two local heavy 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, 5 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti