1 2026:CGHC:713 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10144 of 2025 Akhilesh Sarthi S/o Late. Ramautar Sarthi, Aged About 20 Years R/o. Village Shivnandanpur, Talwapara, Ps- Bishrampur, District Surajpur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Bishrampur, District Surajpur (C.G.) ... Non-applicant(s) For Applicant : Ms. Kaushlya Yadav, Advocate For Non-applicant/State : Smt. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.01.2026 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. 205/2024 registered at Police Station- Bishrampur, District - Surajpur (C.G.) for the offence under Section 331(4), 305, 317(4), 112(2) of BNS. 2. Case of the prosecution, in brief is that the alleged incident occurred during the intervening night between 07.09.2024 and 11.09.2024. A KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 report regarding theft of jewellery from his house by unknown persons was lodged by the informant, Amarendra Narayan, on 11.09.2024. During the course of investigation, it was revealed that the accused persons, namely Aditya Sahni, Arjun Soni, Sujeet Soni, Karan Devangan, Taufiq Ansari, Badal Tamrakar, Nitesh Kumar, and the present accused Akhilesh Sarathi, were involved in the alleged theft incident and in selling the stolen property/jewellery to the co-accused. Upon completion of the investigation, the charge- sheet (challan) was filed before the competent Court on 25.03.2025. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, as he has not committed any offence under Sections 331(4), 305, 317(4) and 112(2) of the Bharatiya Nyaya Sanhita (BNS). It is further submitted that similarly situated co-accused persons, namely Arjun Soni and Sujeet @ Teeju Soni, have already been granted the benefit of regular bail by this Court vide order dated 20.03.2025 passed in MCRC No. 1338/2025, a copy of which is being filed as Annexure A/3. She further submits that the applicant has been in judicial custody since 17.06.2025 and the charge-sheet has already been filed and further the applicant has two criminal antecedents which have already been explained in the bail application of para number 4(A) and the conclusion of the trial is likely to take quite long time. Therefore, she prays for grant of regular bail to the applicant. 4. On the other hand, learned Panel Lawyer opposed the prayer for grant of bail and submits that the present applicant Akhilesh Sarathi 3 was found to be involved in the alleged theft incident during the course of investigation and was shown as absconding, pursuant to which arrest warrants were issued against him. After issuance of the warrants, the accused was arrested on 18.06.2025 and produced before the competent Court, whereupon he was remanded to judicial custody. The conduct of the accused in remaining absconding clearly reflects his intention to evade the process of law, and therefore, if released on bail, there is every likelihood of his absconding again and of influencing the prosecution witnesses. Hence, his bail application is liable to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that in the present case, charge-sheet has been filed before the competent Court and he is in jail since 17.06.2025 and further the fact that similarly situated co-accused persons, namely Arjun Soni and Sujeet @ Teeju Soni, have already been granted regular bail by this Court vide order dated 20.03.2025 in MCRC No. 1338/2025 and the conclusion of the trial is likely to take quite long time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the Applicant – Akhilesh Sarthi, involved in Crime No. 205/2024 registered at Police Station- Bishrampur, District - 4 Surajpur (C.G.) for the offence under Section 331(4), 305, 317(4), 112(2) of BNS, be released on bail on furnishing personal bond with two heavy 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 sufÏcient 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 5 statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient 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. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial in accordance with law preferably within a period of six months, if there is no legal impediment. 10. OfÏce 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 Kunal