1 2026:CGHC:10754 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 695 of 2026 Om Pandey S/o Manoj Pandey Aged About 22 Years R/o Ward No.01, Ratakhar, Police Station- Kotwali, District- Korba (C.G.) --- Applicant versus State OoChhattisgarh Through Station House Officer, Police Station- Sakti, District- Sakti (C.G.) --- Non-applicant MCRC No. 1820 of 2026 Shambhu @ Yogesh Kumar Yadav S/o Devnarayan Yadav Aged About 24 Years R/o Dhaskamuda, Police Station and Tahsil- Chhal, District- Raigarh (C.G.) ---Applicant Versus State of Chhattisgarh Through - District Magistrate, Sakti, District- Sakti, (C.G.) --- Non-applicant For Applicant (MCRC No. 695/2026 : Mr. Chandrikaditya Pandey, Advocate. For Applicant (MCRC No. 1820/2026 : Ms. Sanskriti Pawar, Advocate. For Non-Applicant/State : Mr. Saumya Rai, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.03.2026 1. Since the above-mentioned two bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.03.02 17:22:18 +0530 2 2. These are the first bail applications filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 447/2025 registered at Police Station- Sakti, District- Sakti, for the offence punishable under Sections 303(2), 305(b) and 3(5) of Bharatiya Nyaya Sahita, 2023 (in MCRC No. 695/2026) and Sections 303(2), 305(B), 112 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (in MCRC No. 1820/2026). 3. As per the prosecution case, at about 6:30 p.m., the tractor-trolley bearing registration No. CG.12-BQ-8464 was parked in front of the complainant’s house situated in Village Bagbudwa. On the morning of 03.12.2025, at about 5:00 a.m., when the complainant came out of his house, he found that the said tractor and trolley were missing. An enquiry was conducted in the local area; however, no information could be obtained. It transpired that some unknown persons had stolen the said vehicle. On the basis of the said complaint, an offence was registered against the unknown persons. 4. In MCRC No. 695/2026 - Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is further submitted that the applicant vehemently denies the allegations and asserts his innocence, claiming to have been falsely implicated solely on the basis of unverified information from an informant and a memorandum statement, which lacks corroborative evidence. No independent eyewitnesses have implicated the applicant in the alleged theft, and the seizure of the vehicle, which was reportedly from an open location, raises doubts regarding the applicant’s exclusive possession or involvement. It is also submitted that the applicant has one previous criminal antecedent 3 and he is in custody since 06.12.2025. Hence, learned counsel prays for grant of bail to the applicant. 5. In MCRC No. 1820/2026 - Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that no stolen property, tractor-trolley, or any other incriminating article has been recovered from the possession of the applicant or at his instance. It is also submitted that the charge-sheet has been filed and the applicant is in custody since 23.01.2026. The applicant has no previous criminal antecedents. Hence, learned counsel prays for grant of bail to the applicants. 6. Learned counsel for the State/non-applicant opposes the bail application and submits that the charge-sheet has already been filed in the present case. He further submits that the anticipatory bail application of the co-accused, namely, Nikhil Yadav, was rejected by this Court vide order dated 13.01.2026 passed in MCRCA No. 66/2026, hence, the present applicants are also not entitled to the grant of bail. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Considering the facts and circumstances of the case, the nature and gravity of the offence, and the allegations levelled against the applicants and the fact that the applicant, namely, Om Pandey has one previous criminal antecedents and applicant, namely, Shambu @ Yogesh Kumar Yadav has no previous criminal antecedents, further the charge-sheet has been filed and they are in jail since 06.12.2025 and 23.01.2026, respectively, and conclusion of the trial is likely to take some time, this Court is of the view that the applicants are entitled to be released on bail in the present case. 4 9. Accordingly, the bail application is allowed. Let the Applicant - Om Pandey (MCRC No. 695 of 2026) and applicant - Shambhu @ Yogesh Kumar Yadav (MCRC No.1820/2026) involved in Crime No. 447/2025 registered at Police Station- Sakti, District- Sakti, for the offence punishable under Sections 303(2), 305(b) and 3(5) of Bharatiya Nyaya Sahita, 2023 (in MCRC No. 695/2026) and Sections 303(2), 305(B), 112 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (in MCRC No. 1820/2026), be released on bail on their 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 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 applicants 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 applicants 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. 5 (iv) The applicants 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. 10. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti