Sanjay Sahu vs State Of Chhattisgarh

Ramesh Sinha, CJ

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. 234/2025 registered at Police Station-Civil Line, District-Raipur (C.G.), for the offence punishable under Sections 303(2) of the BNS.

The case of the prosecution, in brief, is that the complainant has lodged a report to the concerned police Station, alleging that on the date of incident, the unknown persons have committed theft of ranger bicycle and cash amount of Rs. 1,00,000/- of the complainant and on the basis of complaint made by the complainant, the police has registered the case under section 303(2) of Bhartiya Nyay Sanhita against the unknown persons and after the investigation, the police has arrested the present applicant on the memorandum statement.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he has neither entered in the house nor committed stolen of any article of the complainant’s house. He further submits that applicant has three previous criminal antecedents, out of which applicant has been acquitted in two cases. The applicant is in jail since 25.05.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.

Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court He further submits that applicant has three previous criminal antecedents, out of which applicant has been acquitted in two cases and ranger bicycle and cash amount of Rs. 1,00,000/- therefore, he is not entitled for grant of bail.

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 allegation levelled against the applicant and, he is in jail since 25.05.2025, the fact that applicant is having three previous criminal antecedents, out of which applicant has been acquitted in two cases, the charge-sheet has been filed, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case.

Let the applicant – Sanjay Sahu, involved in Crime No. 234/2025 registered at Police Station-Civil Line, District-Raipur (C.G.), for the offence punishable under Sections 303(2) of the BNS, be released on bail on their 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 forthwith.