1 2025:CGHC:7333 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1173 of 2025 Manish Dhruw S/o Shri Keshuram Dhruw, Aged About 18 Years R/o Village - Belsonda, Thana - Mahasamund, Tahsil And District - Mahasamund (C.G.). ... Applicant versus The State of Chhattisgarh Through The Station House OfÏcer, Police Station - Mahasmund, District – Mahasamund (C.G.). ---- Non-applicant For Applicant : Mr. Sunil Sahu, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.02.2025 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. 554/2024, registered at Police Station – Mahasmund, District – Mahasamund (C.G.) for the offence punishable under Sections 305(e), 331 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the report is made by the complainant with the averment that since 19.02.2024 to 15.10.2024 certain articles have been theft from the newly constructed school RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI Date: 2025.02.10 19:06:28 +0530 2 building of Higher Secondary School Belsonda, the articles are Iron window, door, 150 meter wire, 6 pieces tree articles amounting Rs. 30,000/- so on the basis of doubt applicant was arrested and memorandum statement has been recorded in which he named the other co-accused persons and stated that the articles have been sold in scrap and after investigation the charge-sheet has been filed. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 25.11.2024 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 there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that the report is made by the complainant with the averment that since 19.02.2024 to 15.10.2024 certain articles have been theft from the newly constructed school building of Higher Secondary School Belsonda, the articles are Iron window, door, 150 meter wire, 6 pieces tree articles amounting Rs. 30,000/- so on the basis of doubt applicant was arrested and memorandum statement has been recorded in which he named the other co-accused persons and stated that the articles have been sold in scrap, 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. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 25.11.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Manish Dhruw, involved in Crime No. 554/2024, registered at Police Station – Mahasmund, District – Mahasamund (C.G.) for the offence punishable under Sections 305(e), 331 and 3(5) of the BNS, 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 4 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 Rajshekhar