Ashok Soni vs State Of Chhattisgarh

Ramesh Sinha, J

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.669/2024 registered at Police Station Tikapara, District Raipur (C.G) for the offence punishable under Sections 331 (4), 305 (A), 317(4) of Bhartiya Nyaya Sanhita (as per charge sheet).

Case of the prosecution, in brief, is that on 28.08.2024 at around 06:00 AM, the complainant was informed by his neighbor, namely Tomesh Dewangan, that the main gate of the complainant's house was found open. Upon the complainant's request, the said neighbor checked the premises and reported that the main door was also open, the door lock had been broken, and household items were found in a disturbed condition. Thereafter, the complainant returned home at around 07:15 PM the same day and, upon inspection, noticed that a silver idol valued at ₹25,000/- and cash amounting to ₹3,000/-, totaling ₹28,000/-, had been stolen. It is alleged that an unknown person committed theft by unlawfully entering the premises after breaking the locks. That, in connection with Crime No. 669/2024, the police arrested two individuals, namely Mayank Soni and Hritik Verma, who, during interrogation, confessed to having committed the theft. They further disclosed that the stolen items, including certain jewellery, had been sold to the present applicant. Based on this disclosure, the applicant was taken into custody by the police, and upon search, the stolen articles were recovered and seized.

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 so far criminal antecedent of the applicant is concerned, besides this case, the applicant is having five more cases pending against him. He would submit that in this case there is no recovery from the applicant. He would submit that the applicant is in jail since 07/04/2025, charge sheet has been filed and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant.

On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case.

I have heard learned counsel appearing for the parties and perused the case diary.

Taking into consideration the facts and circumstances of the case, nature and gravity of offence, there is no recovery from the applicant, period of detention of the applicant since 07/04/2025, charge sheet has been filed 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.

Let the Applicant-Ashok Soni, involved in Crime No.669/2024 registered at Police Station Tikapara, District Raipur (C.G) for the offence punishable under Sections 331 (4), 305 (A), 317(4) of Bhartiya Nyaya Sanhita, 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 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 sufficient 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.

Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance.