1 2025:CGHC:11811 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1157 of 2025 1. Vinod Kumar Vasudev S/o Sukhiram Vasudeo Aged About 32 Years R/o Village- Gadapali, Police Station Urga, District- Korba (C.G.) 2. Santosh Kumar Gond @ Lutan S/o Sukulram Gond Aged About 45 Years R/o ITI Rampur, Police Station Rampur District- Korba (C.G.) 3. Vedprakash Vasudev @ Golu S/o Dhanpraad Vasudev Aged About 24 Years R/o Village - Gadapali, Police Station Urga, District - Korba (C.G.) ... Applicants versus State of Chhattisgarh Throught The Station House OfÏcer Police Station Baradwar District- Sakti (C.G.) ... Non-applicant For Applicants : Mr. Ishwar Jaiswal, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.03.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 192/2024 registered at Police Station – Baradwar, District Sakti (C.G.) offence under Sections 305(A), 331(3), 317(2), 61 read with Section ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.11 10:50:28 +0530 2 3(5) of the Bhartiya Nyay Sanhita, 2023. 2. According to the prosecution's brief story, on 12.08.2024, the complainant's wife locked her house around 3:30 PM and left for Sakti to visit family members. When she returned around 6:00 PM, she found that the main door's lock was broken, and the doors of the other rooms were also damaged. Upon entering the house, she discovered that cash amounting to Rs. 1,85,000/- and golden and silver ornaments worth Rs. 3,00,000/- (total value: Rs. 4,85,000/-) had been stolen by unknown thieves. She immediately called the 112 Service Number to report the theft, leading to the registration of an FIR. During the investigation, the present applicant and other accused persons were arrested, and after completing the investigation, a charge sheet was filed. 3. Learned counsel for the applicants submits that the present applicants are innocent persons and has been falsely implicated in the aforesaid case. He submits that the present applicants have 13 criminal antecedents under the IPC, out of which in 09 cases they have already been granted bail by the learned trial Court. Furthermore, he submits that the co-accused, person namely, Deepak Soni has already been granted bail by this Court in MCRC No. 631 of 2025 vide order dated 28.01.2025, the applicants are in jail since 30.10.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand learned State counsel opposes the bail application of the present applicants and submits that the charge -sheet has already been submitted in the present case. He further submits that looking to the criminal antecedents of the present applicants , they are 3 not entitled for grant of regular 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 and the fact that co-accused, person namely, Deepak Soni has already been granted bail by this Court in MCRC No. 631 of 2025 vide order dated 28.01.2025, moreover, the charge - sheet has already been submitted in the present case before the competent Court and the applicants are in jail since 30.10.2024, conclusion of the trial may take some more time, therefore, this Court is of the view that the present applicants are entitled to be released on bail in this case. 7. Let the Applicants – Vinod Kumar Vasudev, Santosh Kumar Gond @ Lutan and Vedprakash Vasudev @ Golu, involved in Crime No. 192/2024 registered at Police Station – Baradwar, District Sakti (C.G.) offence under Sections 305(A), 331(3), 317(2), 61 read with Section 3(5) of the Bhartiya Nyay Sanhita, 2023, be released on bail on their furnishing personal bond with two sureties each 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 4 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, 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek