1 2025:CGHC:8000 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1283 of 2025 Alok Pandey S/o Shri Nityanand Pandey Aged About 34 Years R/o Village- Jakhaniya, P.S.- Bhudpura, District- Gajipur (U.P.) At Present R/o In The House Of Prabha Devangan, Shaktipara, Urkura, P.S.- Khamtrai, District- (Revenue And Civil) - Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station - Dharsinva, District- Raipur (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Yogesh Pandey, Advocate. For Non-Applicant(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/02/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 586/2024 registered at Police Station Dharsinva, District- Raipur (C.G.) for the offence punishable under Section 303(3), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the complainant, Akhilesh Yadav, had parked his ten wheeler truck at Hindustan Coils Limited AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Siltara, but when he went to check on it, it was nowhere to be found. He even got a call from Nagendra Yadav, who claimed that the vehicle wasn't parked where Akhilesh said it was. After searching the area and coming up empty-handed, Akhilesh lodged a report with the police. Luckily, the truck was eventually found at Kandarka Chowki, and it was seized by the authorities. But the police received a tip that some suspicious individuals were trying to sell the sponge iron, and they were looking for buyers at Silatara Face-02, on the basis of the above secret information police arrest three persons namely, Vipin Kumar Dubey and Sunil Gajbhiye and on the basis of the memorandum statement of the accused person police arrested Anand Chouhan, Vijay Chouhan and Alok Pandey for theft of the sponge iron. After completing investigation police registered the aforesaid offence. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that there is no seizure of sponge iron has been made from the present applicant, as the same was seized from the scrap shop of co-accused Vipin and some from the yard of co-accused Sunil Gajbhiye. He also submits that only on the basis of memorandum statement of co-accused persons, present applicant has been made an accused in the case. The applicant is in jail since 09.11.2024, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant alongwith other co-accused persons have stolen the ten wheeler vehicle of complainant and sold the sponge iron, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 09.11.2024, the fact that though the applicant alongwith other have stolen the ten wheeler vehicle of complainant and sold the sponge iron, but no seizure of sponge iron has been made from him, as the same was made from the scrap shop of co-accused Vipin and some from the yard of co-accused Sunil Gajbhiye and applicant was arrested on the basis of memorandum statement of co-accused persons, further he has no criminal antecedent and charge-sheet has been filed in the presentcase, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant-Alok Pandey, involved in Crime No. 586/2024 registered at Police Station Dharsinva, District- Raipur (C.G.) for the offence punishable under Section 303(3), 3(5) of BNS, be released on bail on his furnishing a personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 (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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil