1 2025:CGHC:10507 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1726 of 2025 Prakash Gems @ Pka S/o Lajrash Gems Aged About 19 Years R/o Atal Awas, Devrikhurd, Near Dargah, P.S Torwa, District Bilaspur (C.G) (Name And Fathers Name Of The Applicant Correctly Mentioned) ... Applicant(s) versus State Of Chhattisgarh Through SHO, P.S. Torwa, District Bilaspur (C.G) ... Non-Applicant(s) For Applicant(s) : Mr. Shalvik Tiwari, Advocate. For Non-Applicant(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/03/2025 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. 629/2023 registered at Police Station Torwa, District Bilaspur (C.G.) for the offence punishable under Sections 457, 380/34 of the Indian Penal Code. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that, complainant Amrit Lal Yadav filed a report alleging therein that between 27.11.2023, and 08.12.2024, he had gone to Village Bhiloni, Takhatpur, with his family. During his absence, unknown individuals broke into his house and stole Rs.2 lakhs, a gold necklace, a silver anklet, a gold ring, a silver bichiya, silver coins, and gold tops, totaling Rs. 3 lakhs, thereafter, during investigation applicant has been arrested and sent to jail, hence the bail application. 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 seizure witnesses have turned hostile before the trial Court, copy of which is annexed as Annexure A/2. He also submits that there is no seizure of any material from the applicant. The applicant is in jail since 21.02.2024, the applicant has two criminal antecedents, out of which, in one case, applicant has already been acquitted, copy of which is annexed as Annexure A/3 and in one case, he is on bail, further 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. She further submits that applicant alongwith other co- accused persons had committed theft in the house of complainant and has stolen Rs.2 lakhs, a gold necklace, a silver anklet, a gold ring, a silver bichiya, silver coins, and gold tops, totaling Rs. 3 lakhs 3 and there is recovery of one gold necklace from the applicant, further applicant has three criminal antecedents against him, 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 21.02.2024, the fact that though the applicant and other co- accused persons were alleged to have committed theft in the house of complainant and has stolen Rs.2 lakhs, a gold necklace, a silver anklet, a gold ring, a silver bichiya, silver coins, and gold tops, totaling Rs. 3 lakhs and there is recovery of one gold necklace from the applicant, but applicant has three criminal antecedents, out of which, in one case, applicant has already been acquitted, copy of which is annexed as Annexure A/3, in one case he is on bail and one case is pending, the applicant has only two cases pending against him, further 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. 7. Let the Applicant-Prakash Gems @ Pka, involved in Crime No. 629/2023 registered at Police Station Torwa, District Bilaspur (C.G.) for the offence punishable under Sections 457, 380/34 of the Indian Penal Code, 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 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