1 2025:CGHC:8167 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1349 of 2025 1. Rohan @ Bipul Sarthi S/o Shri Ashok Sarthi Aged About 18 Years R/o Village Piparmar Police Station and Tahsil Dharamjaigarh District - Raigarh (C.G.) 2. Sagar Sarthi @ Chema S/o Shri Sunil Sarthi Aged About 21 Years R/o Sarthipara Dharamjaigarh Police Station and Tahsil Dharamjaigarh District - Raigarh (C.G.) ... Applicants versus State of Chhattisgarh Through The District Magistrate Raigarh ... Non-Applicant For Applicant : Mr. Vivek Bhakta, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 17/02/2025 1 The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 235/2024, registered at Police Station – Dharamjaigarh District - Raigarh (C.G.) for the offence punishable under Sections 341(4), 305(A) and 03(05) of Bharatiya Nyaya Sanhita, 2023. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.02.18 10:42:22 +0530 2 2 The case of the prosecution, in brief, is that P.W. 1 (Mahavir Prasad Verma) has lodged a complaint, alleging therein that on 24.09.2024 at 4.00 pm, when he returned to his home from Rajnandgaon then he found that all the household utensils and ornaments, cash of Rs. 45,000/- (Totaling to Rs. 2,80,000/-) were stolen by unknown thieves. The Police Station Dharamjaigarh had registered the Crime No. 235/2024 for the offence punishable under Sections 341(4), 305(A), 03(05) of the Bharatiya Nyay Sanhita, 2023 and started investigation. The prosecution has filed the final report before the Judicial Magistrate First Class, Dharamjaigarh and trial is going-on. 3 It is argued by the learned counsel for the applicants hat the applicants are innocent and have been falsely implicated in this case. He further submitted that there is no any material to connect the present applicants in this case. He further submitted that from the possession of the applicant No. 1, amount of Rs.1,000/- has been recovered and from the possession of the applicant No.2 amount of Rs. 1,300/- and some ornaments has been recovered. He also submitted that applicant No. 1 has no previous criminal antecedent and applicant No. 2 is having three criminal antecedents, out of which in one case he has been acquitted, one case is pending and rest one case, the case has been compromised between the parties. He later submitted that the charge-sheet has been filed and the applicants are in jail since 27.09.2024 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 opposed the bail application and submitted that the charge-sheet has been submitted. 3 He further submitted that the from the possession of the applicant No. 1, amount of Rs.1,000/- has been recovered and amount of Rs. 1,300/- and some ornaments has been recovered from the possession of the applicant No.2, further, the applicant No. 2 has eight previous criminal antecedents, hence, they are not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that from the possession of the applicant No. 1, amount of Rs.1,000/- has been recovered and from the possession of the applicant No.2 amount of Rs. 1,300/- and some ornaments has been recovered, further, the applicant No. 1 has no previous criminal antecedents, the charge-sheet has been filed and they are in jail since 27.09.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. Let the applicant Nos. 1 and 2 - Rohan @ Bipul Sarthi and Sagar Sarthi @ Chema, involved in Crime No. 235/2024, registered at Police Station – Dharamjaigarh District - Raigarh (C.G.) for the offence punishable under Sections 341(4), 305(A), 03(05) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a 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 4 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 court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their 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 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 sufficient 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. 5 8 Office 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 Preeti