2025:CGHC:18879 NAFR Digitally signed by GOURI GOURI MUDALIAR MUDALIAR Date:

2025.04.26

17:44:30 HIGH COURT OF CHHATTISGARH AT BILASPUR +0530 MCRC No. 1926 of 2025 Vimlesh Sahu S/o Brijlal Sahu Aged About 32 Years R/o Chitkahipara Manpur, Police Station Ramanujnagar, District- Surajpur (C.G.)

... Applicant versus State Of Chhattisgarh Through Police Station Ramanujnagar, District- Surajpur (C.G.)

... Respondent For Applicant : Shri Sushil Dubey, Advocate. For : Mrs. Subha Shrivastava, PL.

Respondent/State Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

25/04/2025

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.27/2025 registered at Police Station Ramanujnagar, District - Surajpur (CG) for the offence punishable under Sections 331(4), 305(a), 317(2), 317(4) BNS 2023.

2. Case of the prosecution, in brief, is that complainant Mulfat lodged the report in Police Station Ramanujnagar stating that from Nari Shakti Swayam Sahayata Samuh Government Fair Price Shop, rice 26 quintal amounting to Rs 42000/- have been stolen by driver of pickup vehicle (chota hathi) bearing registration no. CG.29.AC.4366 along with 2 other persons from 10.00pm of 10.02.2025 to 06.00am of 11.02.2025 and while their vehicle got punctured they ran away. On the basis of that the police of Ramanuj-Nagar has registered the report against unknown person in connection with crime no. 27/2025 for offence punishable u/s 331(4), 305 (a) of BNS and during investigation later on section 317(2),317(4) of BNS has been added.

3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that on the basis of memorandum statement of other accused applicant has been implicated in this case. He would submit that the applicant has purchased the theft rice 60 bori @ 12rs/kg as well as 5 bori sugar @15rs/kg. He would submit that present applicant is license holder of retailer business and there is no seizure of any article from the possession of the applicant, the applicant is in jail since

16.02.2025, therefore, he prays for grant of bail to the applicant.

4. On the other hand, learned State Counsel opposes the bail application. 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 and also considering the nature of allegation that the applicant has purchased stolen rice and sugar, period of detention of the applicant since 16/02/2025 and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case.

7. Let the Applicant-Vimlesh Sahu, involved in Crime No.27/2025 registered at Police Station Ramanujnagar, District - Surajpur (CG) for the offence punishable under Sections 331(4), 305(a), 317(2), 317(4) BNS 2023, 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:-

(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 sufficient 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