1 2025:CGHC:7991 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1288 of 2025 Raj Kumar Yadav @ Gudda @ Guddu @ Vishwajeet Yadav S/o Brijlal Yadav Aged About 22 Years R/o Kanji House Ke Niche, Parsabhatha, Balco Nagar, Tehsil And District Korba, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Police Station- Balco, District Korba, Chhattisgarh. ... Non-Applicant(s) For Applicant(s) : Mr. Vikas Pandey, Advocate. For Non-Applicant(s) : Mr. Amit Verma, 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. 175/2024 registered at Police Station Balco, District Korba (C.G.) for the offence punishable under Sections 457, 380, 34 of the Indian Penal Code. 2. Case of the prosecution, in brief, is that on 24.03.2024, the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 complainant, namely, Smt. Balco Nagar lodged written report against unknown person alleging that some unknown persons committed theft of rice which is 75 Kgs from school, thereafter, Police have lodged an FIR against unknown persons and during the course of investigation, present applicant was arrested. 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 the only on the basis of memorandum statement of co-accused persons present applicant has been made an accused. He also submits that one of the identical situated co-accused, Suraj Yadav has already been granted regular bail by this Court vide order dated 14.01.2025 in MCRC No.334/2025. The applicant is in jail since 07.07.2024, the applicant has six criminal antecedents, out of which, three are Istagashas, which have already been disposed of and rest of the three cases are of the years 2017, 2019 and 2024 under IPC and BNS, 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. 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 committed theft of rice which is 75 Kgs from school, further applicant has six criminal antecedents, out of which, three are Istagashas and rest of the three cases are of the years 2017, 2019 and 2024 under the IPC and BNS, therefore, he 3 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 05.09.2023, the fact that the though the applicant alongwith other co-accused persons have committed theft of rice which is 75 Kgs from school, but one of the co-accused persons, namely, Suraj Yadav has already been granted regular bail by this Court vide order dated 14.01.2025 in MCRC No.334/2025 and the case of present applicant is identical to that of the co-accused, so far as criminal antecedent of the applicant is concerned, applicant has six criminal antecedent, out of which, three are Istagashas, which have already been disposed of, two cases are of the years 2017 and 2019 under the IPC, which are old and stale and besides, these cases, applicant has only one cases pending against him which is of the year 2024 under the BNS, charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Raj Kumar Yadav @ Gudda @ Guddu @ Vishwajeet Yadav, involved in Crime No. 175/2024 registered at Police Station Balco, District Korba (C.G.) for the offence punishable under Sections 457, 380, 34 of IPC, 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 4 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 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