1 2026:CGHC:19393 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1777 of 2026 Ashish Nirmalkar S/o Laxmi Prasad Aged About 22 Years R/o Bahtarai Road Near Nag-Nagin Talab P.S. Sarkanda District Bilaspur Chhattisgarh ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station - Sarkanda, Bilaspur Chhattisgarh ... Non-applicant For Applicant : Mr. Siddhant Tiwari, Advocate. For Non-applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.04.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 1431/2025 registered at Police Station – Sarkanda, District - Bilaspur (C.G.) for the offence punishable under Sections 331(4) and 305(A) of the Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution story, in brief, on 04.10.2025, when the Senior Security Constable, namely Shobha Ram, was on duty, he received telephonic information that four copper pipes had been stolen by unknown persons from Quarter No. D/77. Subsequently, on 16.10.2025, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.04.28 11:04:10 +0530 2 the informant again informed the police that the accused was going to sell some items on his motorcycle. Acting on the said information, the police intercepted and searched the accused while he was coming from Nag- Nagin Talab towards Behatarai Chowk, and the said copper pipes were allegedly found in his possession. Thereafter, the matter fell within the jurisdiction of Police Station Sarkanda, Bilaspur (Chhattisgarh), and an FIR bearing Crime No. 1431/2025 was registered under Sections 331(4) and 305(A) of the BNS. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that although the applicant has 7 criminal antecedents under the IPC, 6 cases have already been disposed of and only 1 case is still pending, explanations in this regard have been furnished in paragraph 4(a) of the present bail application. It is also submitted that the applicant has been in judicial custody since 16.10.2025. On these grounds, he prays that the applicant be granted regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. She further submits that, in view of the criminal antecedents of the applicant, which demonstrate that he is a habitual offender, he is not entitled to the grant of regular 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, that although the applicant has 7 criminal antecedents under the IPC, 6 cases have already been disposed of and only 1 case is still pending, for which explanations have been furnished in paragraph 4(a) of the present bail 3 application and further considering that the charge-sheet has already been filed before the competent Court, that the applicant has been in judicial custody since 16.10.202, conclusion of the trial may take some more time, therefore, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Ashish Nirmalkar, involved in Crime No. 1431/2025 registered at Police Station – Sarkanda, District - Bilaspur (C.G.) for the offence punishable under Sections 331(4) and 305(A) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing 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 4 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek