1 2025:CGHC:11169 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 994 of 2025 Abdul Kadir S/o Abdul Gaffar Aged About 30 Years R/o Rahmaniya Chowk Bhagat Singh Ward Bhatapara District - Balodabazar - Bhatapara (C.G.) --- Applicant versus State of Chhattisgarh Through Station House OfÏcer Police Station Kotwali Raipur District - Raipur (C.G.) --- Non-Applicant Along with MCRC No. 1482 of 2025 1 - Aman Khan S/o Abdul Khan Aged About 26 Years R/o Bhagat Singh Ward, Bhatapara, Police Station - Bhatapara, District Balodabazar - Bhatapara (C.G.). 2 - Shabdar Ali S/o Salim Aged About 32 Years R/o Bhagat Singh Ward, Bhatapara, Police Station - Bhatapara, District Balodabazar - Bhatapara (C.G.). ---Applicants Versus State of Chhattisgarh Through The Station House OfÏcer, Police Station City Kotwali, District Raipur (C.G.). ---Non-Applicant For Applicant (MCRC No. 994 of 2025) : Mr. Kapil Maini, Advocate. For Applicants (MCRC No. 1482 of 2025) : Mr. Punit Ruparel, Advocate. For Non-Applicant : Ms. Ankita Shukla, Panel Lawyer. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.03.2025 1. The applicants have preferred these First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as the have been arrested in connection with Crime No. 301/2021, registered at Police Station : City Kotwali Raipur, District Raipur, (C.G.) for the offence punishable under Sections 379 and 34 of Indian Penal Code, 1860. 2. The case of the prosecution, in brief, is that the complainant, Siddhar Toppo, lodged a complaint at City Kotwali, Raipur, stating that on 22.11.2021 at 10:45 AM, he parked his Honda Splendor Pro motorcycle (Registration No. CG 04 DZ 8353) on the ground floor of the Nagar Nigam OfÏce, Raipur. However, when he returned from duty at 08:00 PM, he found that his vehicle was missing, having been stolen by an unknown person. He orally reported the incident to the concerned police station, upon which Crime No. 301/2021 was registered against unknown persons. During the investigation, the police received information that Bhatapara (Gramin) Police Station had recovered the stolen motorcycle, where the applicants were allegedly involved in re- selling the motorcycle using a forged RC card. As a result, the applicants were implicated in the present case. After due investigation, a charge sheet has been filed against them. 3. Learned counsels for the applicants submits that the applicants are innocent persons and have been falsely implicated in the aforesaid 3 case. They further submits that the applicants are working as an agent of re-selling of secondhand motorcycle and there is no theft is committed by the applicants and even not involved in the said crime. He further submits that there is no recovery has been made form the applicants, they are arrayed as a accused in the instant crime only on the basis of recovery made in some other crime. They further submits that the applicants have criminal antecedents which is explained in these bail applications. They further submits that the applicant, namely, Aman Khan and Shabdar Ali, are in jail since 12.08.2024 and the applicant, namely, Abdul Kadir, is in jail since 04.04.2024, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, they pray for grant of bail to the applicants. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicants stole the motorcycle and resold it using a forged RC card. She further submits that they have already previous criminal antecedents under the similar nature which shows that they are habitual offender, therefore, the applicants are not entitled for grant of bail. 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, though the applicants stole the said motorcycle and have previous criminal antecedents, but the same has been explained in these 4 bail applications and further the applicant, namely, Aman Khan and Shabdar Ali, are in jail since 12.08.2024 and the applicant, namely, Abdul Kadir, is in jail since 04.04.2024, charge-sheet has been filed and the trial is likely to take some time for its conclusion, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicants – Aman Khan, Shabdar Ali and Abdul Kadir, involved in Crime No. 301/2021, registered at Police Station : City Kotwali Raipur, District Raipur, (C.G.) for the offence punishable under Sections 379 and 34 of Indian Penal Code, 1860, 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 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 their counsel. In case of their absence, without sufÏcient 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, 5 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 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 are 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 them 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