The court granted bail based on the applicant's distinguishable case from co-accused, prior acquittal, and the nature of the offence.

Order on Board

09/05/2025

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. 174/2025 registered at Police Station Gandhinagar, Distt. Surguja (C.G.) for the offence punishable under Sections 331(4), 305A, 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’).

2. Case of the prosecution, in brief, is that the applicant, along with co-accused Vivek Prajapati and Shivam Ravi, allegedly committed theft by entering the complainant's house at night and stealing silver and gold items, including a silver bowl, spoon, gold earring, silver bichhiya, and a Vivo mobile phone, valued at Rs. 70,000/-. Based on their memorandum, they were arrested and charged under relevant sections of the law. After investigation, a charge sheet was filed in Crime No. 174/2025 at Gandhipur Police Station, Surguja (C.G.), leading to this case and subsequently, he was arrested. 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 the recovery to stolen mobile phone has been made from present applicant, whereas recovery of cash and other stolen ornaments have been made from other co- accused persons. The applicant is in jail since 14.03.2025, the applicant has one criminal antecedent of the year 2023 under the NDPS Act, in which, he has already been acquitted by the trial Court, 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 the applicant alongwith other co-accused persons are alleged to have committed theft in the house of the complainant and had stolen articles worth Rs.70,000/- including gold and silver ornaments and there is also recovery of stolen mobile phone from present applicant, further the applicant has one criminal antecedent of the year 2023 under the NDPS Act, 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 14.03.2025, the fact that though the he applicant alongwith other co-accused persons are alleged to have committed theft in the house of the complainant and had stolen articles worth Rs.70,000/- including gold and silver ornaments and there is recovery of stolen mobile phone from present applicant, but the recovery of cash and stolen jewelries have been made from other co-accused persons, as such, the case of present applicant is distinguishable from that of the co-accused persons, so far as criminal antecedent of the applicant is concerned, applicant has only one criminal antecedent under the NDPS, in which, he has already been acquitted, charge- sheet has been filed in the present ase, this Court is of the view that the applicant is entitled to be released on bail in this case.

7. Let the Applicant-Anurag Patel, involved in Crime No. 174/2025 registered at Police Station Gandhinagar, Distt. Surguja (C.G.) for the offence punishable under Sections 331(4), 305A, 3(5) of BNS, 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 accorda