1 2026:CGHC:6306 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1161 of 2026 Rajesh Sahu Urf Teli S/o Aayodha Sahu Aged About 29 Years R/o Milan Chowk Camp-02, Near Nishad Seva Samiti, Police Station Chawanni, District Durg, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The SHO Police Station Mohan Nagar, District – Durg, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Avinash Chand Sahu, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.02.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 214/2025, registered at Police Station – Mohan Nagar, District – Durg (C.G.) for the offence punishable under Sections 331(4) and 305(a) of the BNS. 2. The case of the prosecution, is that a report has been lodged by complainant P. Venkat Shrinivas that in between 23.05.2025 at around 10.00 PM, that on 01.05.2025 his wife and children's went to their in- laws house due to school holiday and he went to Sakti District for his duty on 16.05.2025. His brother who resides nearby was giving water RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 to the plants daily and on 22.05.2025 when his brother went to the house of complainant he saw that lock of front gate and lock of inside gate were broken and upon receiving the information from his brother he came back to her home and found that an unknown person broke the lock of the door of the complainant house and entered the house and broke the almari stole cash worth Rs. 22,000/- from the cupboard kept in the bedroom and during investigation it was found that the present applicant along with the other co-accused stolen the cash and they were taken into custody and on the basis of their memorandum statement, the material used in the theft and the remaining amount of the theft were seized and the accused persons were arrested after incident therefore the prosecution has registered the offences. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are 3 criminal antecedents of the applicant in which the applicant is on bail. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 04.07.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are 3 criminal antecedents of the applicant and the charge-sheet has been filed in this case, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there are 3 criminal antecedents of the applicant in which the applicant is on bail, charge-sheet has been filed against the applicant, the applicant is in jail since 04.07.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Rajesh Sahu Urf Teli, involved in Crime No. 214/2025, registered at Police Station – Mohan Nagar, District – Durg (C.G.) for the offence punishable under Sections 331(4) and 305(a) of the 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 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 4 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 Rajshekhar