1 2026:CGHC:61 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10468 of 2025 Shri Niranjan Mandal S/o Late Shri Mahadev Mandal Aged About 55 Years R/o Village Digma, Nehrunagar, P.S. - Gandhinagar, District Surguja C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer Gandhinagar, District – Surguja (C.G.) ---- Non-applicant For Applicant : Mr. Dev Ashish Biswas, Advocate. For Non-applicant/State : Ms. Nupur Triwedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.01.2026 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. 561/2025, registered at Police Station – Gandhinagar, Ambikapur, District – Surguja (C.G.) for the offence punishable under Sections 303(3), 61(2) and 3(5) of the BNS. 2. The case of the prosecution, is that a oral report was logged by the complainant named Dihal Ram Tekam against unknown person on 1/10/2025 with the averment that on 1/10/2025 he had come to Vishal RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Mega mart Mission chowk Ambikapur to buy clothes on his motorcycle Hero H.F Delux no CG15CM8414 Engine no HAI1EEC9K37994 chachis no MBLHA11EUC9K21834 registered under his name, at about 12:00 PM he had parked his motorcycle at the parking of Vishal mega mart and locked it, at about 12:30PM when he came back he found that his motorcycle has been stolen by an unknown person, and on the basis of the said report the police personal had registered FIR no 561 of 2025 was registered against an unknown person. 3. The investigation agency after investigation had arrested the main accused named Rahul Vishwakarma found that the vehicle of the compliant was stolen by him and later sold, he also stated that he had stolen one motorcycle hero splender from Mission Hospital one motorcycle NXG from Near Surajpur collector office, and on 23/10/2025 he had stolen one Activa scooty CG 15EE 725 from Near Turrapani Shiv temple with the help of his Partner named Dilbhadar Yadav and had accepted the abovementioned incidents in his memorandum statement and had further stated that he had given the vehicles for riding to Dharmendra Yadav Alias vikku, Rajkumar Bada and the applicant. On the basis of the memorandum statement of the main accused Rahul Vishwakarma the applicant was arrested on 5/11/2025 and on motorcycle Hero NXG was seized from the applicant and after completing the investigation the prosecution agency has filed charge sheet for the offence sec 303(3), 61(2),3(5) of BNS. against the present applicant. Hence, this application. 4. 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 08 3 criminal antecedents registered against the present applicant out of which 4 cases have been disposed of. It is further submitted that the charge-sheet has been filed in this case. It is further submitted that instead of one motorcycle, no such seizure has been made from the possession of the applicant, and his name has come into light from the memorandum statement of the co-accused persons. The applicant is in jail since 05.11.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposes the bail application and submits that there are 08 criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case, therefore, he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. 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 08 criminal antecedents registered against the present applicant out of which 4 cases have been disposed of, charge- sheet has been filed against the applicant, and instead of one motorcycle, no such seizure has been made from the possession of the applicant, and his name has come into light from the memorandum statement of the co-accused persons, the applicant is in jail since 05.11.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. 8. Let applicant, Shri Niranjan Mandal, involved in Crime No. 561/2025, 4 registered at Police Station – Gandhinagar, Ambikapur, District – Surguja (C.G.) for the offence punishable under Sections 303(3), 61(2) and 3(5) 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 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. 5 9. 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