1 2025:CGHC:10911 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1091 of 2025 Rajendra Kumar Sahu S/o Laxmi Prasad Sahu Aged About 20 Years R/o Dhelwadih Katghora, Thana - Katghora, Distt.- Korba (C.G.) ... Applicant versus State of Chhattisgarh Through- District Magistrate Distt.- Korba (C.G.) ... Non-applicant For Applicant : Mr. Samir Singh, Advocate. For Non-applicant/State. : Mr. U.K.S. Chandel, Dy. Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.03.2025 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 applicant who has been arrested in connection with Crime No. 437/2024 registered at Police Station Deepka, District – Korba (C.G.), for the offences punishable under Section 303(2), 3(5), 111 of the Bhartiya Nyaya Sanhita, 2023 and Sections 3 and 7 of the Essential Commodities Act. 2. The prosecution's case, in brief, is that on December 27, 2024, the complainant, Nandlal, lodged a report stating that between ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.06 16:46:59 +0530 2 December 22 and 23, an unknown person entered Gevra Khadan and stole diesel. Following the report, the police arrested the applicant for allegedly committing the offense. 3. Learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in the aforementioned case. He submits that the applicant was made an accused only on the basis of the memorandum of co-accused though the memorandum of co-accused can not be legally used against the applicant. He also submits that the present applicant has no criminal antecedents and he is in jail since 27.12.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge - sheet has already been submitted before the competent Court in the present case. 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 the applicant was made an accused only on the basis of the memorandum of co-accused and further the applicant has no criminal antecedents. Moreover, the charge-sheet has already been submitted before the competent Court in the present case, and the applicant has been languishing in jail since 27.12.2024, and conclusion of the trial may take some more time, 3 this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Rajendra Kumar Sahu, involved in Crime No. 437/2024 registered at Police Station Deepka, District – Korba (C.G.), for the offences punishable under Section 303(2), 3(5), 111 of the Bhartiya Nyaya Sanhita, 2023 and Sections 3 and 7 of the Essential Commodities Act, 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 his 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 4 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek