1 2026:CGHC:2283 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9576 of 2025 Reman Lal Shriwas S/o Rati Lal Shriwas, Aged About 26 Years R/o Shankar Nagar, Dundera, District Durg Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Pulgaon, District Durg Chhattisgarh ... Respondent For Applicant : Shri Virendra Kashyap, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/01/2026 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.542/2025 registered at Police Station Pulgaon, District Durg Chhattisgarh for the offence punishable under Sections 303(2) and GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.15 18:55:06 +0530 2 3(5) of Bhartiya Nyaya Sanhita, 2023. (As per the annexure A-1 page no.12) 2. Case of the prosecution, in brief, is that complainant, Wasim Ali, a Supervisor at VBB Infra Pvt. Ltd., reported that nearly half of a 500- meter copper HT cable bundle (worth about Rs.6,00,000) dumped roadside for transmission work at Rasmada had gone missing between 18.08.2025 and 01.11.2025. Based on his written complaint, Police Station Pulgaon registered FIR No. 542/2025 for theft under Sections 303(2) and 3(5) of the BNS against unknown persons. During investigation, on 08.11.2025, police intercepted a Tata SC vehicle and two motorcycles at Pulgaon Chowk during routine checking. Copper- cable-like material was allegedly found hidden in gunny bags. The driver (Hemraj Dhimar), two motorcycle riders (Kendra @ Chhota Patel and Kishan Kumar Thakur), and four others traveling in the vehicle including the present applicant, Reman Lal Shrivas were detained. The police recorded their memorandum statements under Section 25 BSA and claim recoveries of copper HT cable based on those disclosures. Relying mainly on these memorandums and recoveries, the police arrested the applicant, alleging that the seized cable. Relying solely upon the alleged recoveries and memorandum statements of co- accused persons, the police implicated the present applicant and arrested him, asserting that the recovered material corresponds to the same copper HT cable which was reported stolen by unknown persons in FIR No. 542/2025. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated on the basis of mere suspicion and 3 memorandum statements of co-accused and there is no eyewitness, CCTV footage, independent witness, or direct evidence establishing the applicant’s presence at the place of occurrence or linking him to the alleged theft. He would submit that the FIR was registered against unknown persons, and no chain of circumstances has been established connecting the applicant with the alleged offence. He would submit that the alleged recovery is doubtful, as no recovery has been made from the exclusive or conscious possession of the applicant and no independent witness was associated. He would submit that no scientific or forensic verification has been conducted to establish that the recovered material is the same as the stolen copper HT cable and no incriminating material has been recovered from the applicant, and his name does not appear in the FIR. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 8/11/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court and the applicant has one criminal antecedent. 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 of allegation levelled against the applicant, period of detention of the applicant since 8/11/2025, charge sheet has been filed, applicant has one criminal antecedent and also considering the fact that trial is 4 likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Reman Lal Shriwas, involved in Crime No.542/2025 registered at Police Station Pulgaon, District Durg Chhattisgarh for the offence punishable under Sections 303(2) and 3(5) of Bhartiya Nyaya Sanhita, 2023, 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 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri