1 2025:CGHC:8653 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1415 of 2025 1. Arjun Soni S/o Santosh Soni Aged About 28 Years R/o Village- Shivnandanpur (Talwapara), Police Station - Bishrampur, Tahsil And District- Surajpur (C.G.) 2. Sujeet @ Teeju Soni S/o Santosh Soni Aged About 19 Years R/o Village - Shivnandanpur (Talwapara), Police Station - Bishrampur, Tahsil And District- Surajpur (C.G.) ... Applicants versus State of Chhattisgarh Through Station House OfÏcer, Police Station, Bishrampur, District- Surajpur (C.G.) ... Non-applicant For Applicants : Mr. Goutam Khetrapal, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.02.2025 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 applicants who have been arrested in connection with Crime No. 152/2024 registered at Police Station – Bishrampur, District Surajpur (C.G.) offence under Sections 457, 380, 413/34 of the Indian Penal Code. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.20 12:39:20 +0530 2 2. According to the prosecution's story, in brief, the applicants allegedly purchased stolen gold and silver ornaments from other co-accused individuals and then converted these ornaments into gold and silver biscuits. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. He submits that the applicants had bona fide purchased the ornaments from the co-accused, without knowing that the said ornaments were stolen property. He further submits that the present applicants were made accused in the present case solely on the basis of the memorandum statement of the other co-accused person. Moreover, based on the same memorandum, three other cases for similar offences have been registered against the applicants, two of which are listed for hearing today before this Hon'ble Court. He also submits that the applicants have no criminal antecedents and they are in jail since 27.12.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned State counsel opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and submits that the applicants have criminal antecedents of the similar nature, therefore, the present applicants are 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 that the the applicants had bona fide purchased the ornaments from the 3 co-accused, without knowing that the said ornaments were stolen property, further, the present applicants were made accused in the present case solely on the basis of the memorandum statement of the other co-accused person. Moreover, based on the same memorandum, three other cases for similar offences have been registered against the applicants, two of which are listed for hearing today before this Court. Also considering the fact that the charge-sheet has been filed before the competent Court and the present applicants are in jail since 27.12.2024 and conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicants are entitled to be released on bail in this case. 7. Let the Applicants – Arjun Soni and Sujeet @ Teeju Soni involved in Crime No. 152/2024 registered at Police Station – Bishrampur, District Surajpur (C.G.) offence under Sections 457, 380, 413/34 of the Indian Penal Code, be released on bail on furnishing 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 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 their absence, without sufÏcient cause, the trial court may proceed against them under 4 Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail 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 sufÏcient 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. 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