1 2026:CGHC:4141 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 817 of 2026 Krishna Dhimar S/o Mahendra Dhimar Aged About 25 Years R/o Village Darain, In Front Of Primary School, Post- Kharihatola, Police Station- Siddhi, District- Shahdol (Madhya Pradesh) (In Jail) ... Applicant versus State Of Chhattisgarh Through Police Station- Gandhinagar, District Surguja C.G. ...Non-applicant For Applicant : Mr. Sangeet Kumar Kushwaha, Advocate. For Non-applicant/State : Ms. Sameeksh Gupta, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 23.01.2026 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. 440/2025 registered at Police Station - Gandhinagar District – Surguja (C.G.), for the offences punishable under Sections 331(4),112, 117(2),305(a) and 3(5) of the BNS. 2. The prosecution story in brief is that in the night First Information VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.23 16:24:14 +0530 2 Report was lodged, against the present applicant that 18 quintal of rice and 8 quintal of gram were stolen from the government fair price shop of Gram Panchayat Koldiha. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that the applicant is a driver by profession and earns his livelihood by renting a vehicle purchased by his father for freight transportation, and except for delivering goods on hire from one place to another in the ordinary course of his business, the applicant has not committed any illegal act; that the co-accused Pawan Agrawal has already been granted bail by the learned trial/remand Court; that the alleged offences are triable by the Magistrate and the applicant has been in judicial custody since 25.10.2025, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. “Considering the facts and circumstances of the case, the nature of the allegations, and without commenting on the merits of the case, it is noted that although four criminal cases are registered against the present applicant, he has already been enlarged on bail in three cases; further considering the fact that the co-accused has already been granted bail by the trial Court and, therefore, the present 3 applicant is entitled to the benefit of parity; and in view of the above circumstances and the fact that the trial is likely to take considerable time, this Court is of the considered opinion that it is a fit case to grant regular bail to the present applicant. 7. Let the Applicant – Krishna Dhimar, involved in Crime No. 440/2025 registered at Police Station - Gandhinagar District – Surguja (C.G.), for the offences punishable under Sections 331(4),112, 117(2),305(a) and 3(5) of the BNS, be released on bail on his 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 his 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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav