1 2026:CGHC:412 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9891 of 2025 Tilak Sagar S/o Late Vishnu Sagar Aged About 22 Years R/o Jogi Bangla Room No. 05, Senchuri Colony, P.S. D.D. Nagar, Raipur Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station D.D. Nagar Raipur, District Raipur (C.G.) ...Non-applicant For Applicant : Ms. Khushbu Sahu, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.01.2026 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. 464/2024, registered at Police Station – D.D. Nagar Raipur District – Raipur (C.G.) for the offence punishable under Sections 331(4) and 305(a) of the BNS. 2. The prosecution story in brief, is that the complainant has lodged a VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.06 10:38:22 +0530 2 report to the concerned police Station, alleging that on the date of incident, the unknown persons have entered in to the house by breaking lock and committed theft of ornament silver and gold from his house. Based upon such complaint made by the complainant, the police has registered the case under section 331(4), 305(a) of Bharatiya Nyay Sanhita, 2023 against the unknown persons and after the investigation, the police has arrested the present applicant on the memorandum statement. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. It is further submitted that the applicant has neither committed theft of the subject ornament nor committed any of the offences alleged against him, and no incriminating article has been seized from his possession. The applicant has been arrested solely on the basis of a memorandum statement, without any recovery and without conducting a proper investigation or collecting sufficient material, rendering the implication merely suspicious and unjustified. The applicant did not act in the manner alleged by the prosecution, and the prosecution story is concocted, false and baseless, having been cooked up to falsely implicate the present applicant. It is further submitted that the essential ingredients of the offences punishable under Sections 331(4) and 305(a) of the Bharatiya Nyaya Sanhita are not attracted against the present applicant, therefore, she prays for grant of regular bail to the present applicant. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has 3 already been filed in the present case, and the applicant has two criminal antecedent, therefore, he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, considering the period of detention of the applicant since 24/06/2024, charge sheet has been filed and also considering the fact that trial is 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. Let applicant, Tilak Sagar involved in Crime No. 464/2024, registered at Police Station – D.D. Nagar Raipur District – Raipur (C.G.) for the offence punishable under Sections 331(4) and 305(a) of the BNS, be released on bail on furnishing personal bond with two local 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 4 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. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav