1 2026:CGHC:19407 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 724 of 2026 1 - Subhash Kumar S/o Shyamlal Aged About 23 Years R/o Village- Mannabedi, Police Station- Bhoramdev, Tahsil- Bodla District- Kabirdham (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through District Magistrate, Kawardha, District Kabirdham (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Chandrikaitya Pandey, Advocate For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 521/2025, registered at Police Station Kawardha, District Kabirdham (C.G.) for the offence punishable under Sections 331(3) & 305(a), of the Bhartiya Nyaya Sanhita, 2023. 2. That, in brief, the prosecution case is that on 02.12.2025, the ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 complainant, Bhagirathi Yadav, Malkhana Nazir of the District and Sessions Court, reported that upon inspection of the Malkhana room on 01.12.2025, he found its lock open and one motorcycle bearing registration No. MP-50-MM-9752 missing, which had been seized in a sessions trial. CCTV footage revealed that an unknown person had stolen the said motorcycle on 30.11.2025 at about 4:53 PM. On the basis of the report, Crime No. 521/2025 was registered at Police Station Kawardha under Sections 331(3) and 305(a) of the Bharatiya Nyaya Sanhita, 2023. During investigation, the accused was arrested and, after completion of investigation, charge-sheet has been filed before the competent Court. Hence this bail application. 3. Learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in this case. He submits that the charge sheet has already been filed, therefore, there is no possibility of the applicant tampering with the evidence or creating any hindrance in the due process of law. Keeping the applicant behind bars for an indefinite period would amount to pre-trial punishment, which needs to be avoided. He submits that the applicant has no criminal antecedents and he is in jail since 02.12.2025, conclusion of the trial may take some time, 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 he has one criminal 3 antecedent, further the charge-sheet has already been filed before the competent Court. 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 and gravity of the offence, and further from perusal of the order- sheet dated 20.01.2026, the bail application was earlier adjourned to the last week of April, 2026 in view of the period of detention, and also that the charge sheet has already been filed, the applicant has been in custody since 02.12.2025, and the conclusion of the trial is likely to take time, I am of the opinion that the applicant is entitled to be released on bail. 7. Let the applicant – Subhash Kumar, involved in Crime No. 521/2025, registered at Police Station Kawardha, District Kabirdham (C.G.) for the offence punishable under Sections 331(3) & 305(a) of the Bhartiya Nyaya Sanhita, 2023, 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, 4 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 his, 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 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 Saxena