1 2026:CGHC:668 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10522 of 2025 1. Rocky Baghel S/o Late Sdo Baghel Aged About 42 Years R/o Jagannath Nagar, Pandri, Raipur, District – Raipur, C.G. 2. Santosh Sen S/o Pancham Sen Aged About 47 Years R/o Jagannath Nagar, Pandri, Raipur, District – Raipur, C.G. ... Applicants versus State of Chhattisgarh Through Police Station, Civil Line, Raipur, C.G. ... Non-Applicant For Applicants : Mr. Rudra Pratap Dubey, Advocate. For Non-Applicant/State : Mr. Nupur Trivedi, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 06.01.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 547/2025, registered at Police Station - Civil Line, Raipur, District - Raipur (C.G.) for the offence punishable under Sections 331(4), 305(a) and 3(5) of Bharatiya Nyaya Sanhita, 2023 (as per FIR). 2. As per the prosecution story, in brief, a complaint was filed by Vijay Sona against unknown persons regarding the theft of an LG television, an LG washing machine, an AC compressor, glassware, and other PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.01.07 11:39:38 +0530 2 household items estimated to be worth Rs. 40,000/- from his house. During the investigation, on the basis of the memorandum statements of the applicants/accused, an LG washing machine was seized from accused Rocky Baghel, and a Lloyd Spirit outdoor AC unit along with an e-rickshaw bearing registration number CG-04-NY-6148 was seized from accused Santosh Sen. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. He further submitted that the applicant, namely, Rocky Baghel is running catering business and applicant, namely, Santosh Sen is E-rikshaw driver. He further submitted that they have no previous criminal antecedents, the charge-sheet has been filed and the applicants are in jail since 25.10.2025 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 opposed the bail application and submitted that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that the applicants have no previous criminal antecedents, the charge-sheet has been filed and they are in jail since 25.10.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Accordingly, the bail application is allowed. Let the applicant - 3 Rocky Baghel and Santosh Sen, involved in Crime No. 547/2025, registered at Police Station - Civil Line, Raipur, District - Raipur (C.G.) for the offence punishable under Sections 331(4), 305(a) and 3(5) of Bharatiya Nyaya Sanhita, 2023 (as per FIR), be released on bail on his furnishing a personal bond with two sureties each in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of her absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure her 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 them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, 4 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 applicants are 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 them in accordance with law. 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 Preeti