1 2025:CGHC:8918 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1427 of 2025 Siyaram Basod S/o Lt. Dadan Basod Aged About 50 Years R/o Lamidah, P.S. Sarai, District Singrauli (M.P.) ... Applicant versus State Of Chhattisgarh Through The Police Station Seepat, District Bilaspur Chhattisgarh. ... Non-applicant For Applicant : Mr. Ritesh Verma, Advocate. For Non-Applicant : Ms. Supriya Upasane, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/02/2025 1. This is the first bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 336/2024 registered at Police Station- Seepat, District Bilaspur (C.G.), for the offence punishable under Sections 305(A), 331(4), 317, 3(5) of B.N.S. 2. Case of the prosecution, in brief, is that, the complainant (Damodar Jewelers) was lodged a report before the police station Seepat against the unknown persons alleging therein that the incident took place in between 16.7.2024 at night 2:30 PM. The complainant is running a jewellry shop situated at Seepat where theft of ornaments namely; KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Anklet-100 pieces, Laccha-5 pairs, Girdle (Kardhan)- 25 pieces, Nettle(Bichiya)-500pairs, Finger ring-300 pieces, Bangles (Children)- 70 pairs, Chain-50 pieces, Coins-10 & 5 Gms- 15 pieces, Locket- 200 pieces, Bracelet 20 Pieces, Bangles- 15 pieces, Nosepin- 100 pieces, Old Jwellery-1.5 tola, Locket-5 pieces, Statue of deity, Flute and other ornaments made of gold and silver and cash of Rs. 50000/- whose total amount of Rs. 34,50,000/-. The jewelry was seized from One 'Manish Kumar Soni' who molded the silver ornaments into Bars and gold items into Balls. Subsequently, the accused person arrested for the alleged commission of offence. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. He further submits that his nabbing will ruin his future and lowering his self- esteem. The applicant is aged about 50 years of old person and no offence is made out against the applicant punishable under section 305(A), 331(4), 317, 3(5) of B.N.S. He further submits that three co- accused persons namely Rajendra Gupta alias Gudda, Vijay Kumar Basod and Amit Singh Thakur, have already been granted bail by this Court being MCRC No. 8573/2024, MCRC No.8939/2024 and MCRC No. 153/2024 vide its order dated 09.12.2024 and 05.02.2025 respectively therefore, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned State counsel opposes the prayer for grant of bail to the applicant and submits that the accused persons have committed theft and stolen silver and gold jewellery worth of Rs. 34,50,000/- from the shop of the complainant and from possession of the present applicant 2 kg of silver ornaments and Rs. 50,000/- cash 3 was recovered further, the present applicant belongs to Madhya Pradehs and she has no knowledge about his previous criminal antecedent. Accordingly, 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 08.08.2024 and the fact that in the present case, charge-sheet has been filed before the competent Court and three co-accused persons namely Rajendra Gupta alias Gudda, Vijay Kumar Basod and Amit Singh Thakur, have already been granted bail by this Court being MCRC No. 8573/2024, MCRC No.8939/2024 and MCRC No.153/2024 vide its order dated 09.12.2024 and 05.02.2025 respectively and no further interrogation is required and the trial is likely to take some time for its conclusion, therefore, without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. 7. Let the applicant- Siyaram Basod, involved in Crime No. 336/2024 registered at Police Station- Seepat, District Bilaspur (C.G.), for the offence punishable under Sections 305(A), 331(4), 317, 3(5) of B.N.S, 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:- (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 4 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 forthwith. - Sd/- Sd/- (Ramesh Sinha) Chief Justice Kunal