1 2026:CGHC:9531 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 321 of 2026 Somu @ Anuj Kashyap S/o Shri Krishna Kumar Kashyap Aged About 23 Years R/o Near Radhakrishna, Mandir, Torwa, District- Bilaspur Chhattisgarh ... Applicant versus State of Chhattisgarh Through- P.S. Civil Lines District- Bilaspur Chhattisgarh, ... Non-applicant For Applicant : Mr. Pritendra Chauhan, Advocate. Non-applicant/State : Ms. Anusha Naik, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.02.2026 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. 1300/2025, registered at Police Station Civil Lines, District Bilaspur (C.G.) for the offence punishable under Sections 331(4), 305, 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution story, as revealed from the impugned order (Annexure A-1), it is alleged that the complainant, namely Satyajeet Rajankar, filed a complaint on 29/10/2025 stating that an iron safe containing cash amounting to Rs. 5,80,000/- was missing from the cupboard in the shop’s account room. It was alleged that an unknown ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.02.25 11:16:23 +0530 2 person had broken the roof of the shop during the night and stolen the said amount. On the basis of the aforesaid information, a crime was registered and investigation was initiated. The applicant was arrested on 10/11/2025, and charges were framed against him under Sections 331(4), 305, and 3(5) of the BNS. Since then, he has been in judicial custody. 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 is the sole earning member of his family, and his detention will adversely affect the entire family. He submits that the applicant has no criminal antecedents and he is in jail since 12.12.2025, 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 submits that 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 12.01.2026, the bail application was earlier adjourned to the last week of February 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 3 10.11.2025, 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 – Somu @ Anuj Kashyap, involved in Crime No. 1300/2025, registered at Police Station Civil Lines, District Bilaspur (C.G.) for the offence punishable under Sections 331(4), 305, 3(5) 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, 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 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 4 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 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. 8. 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 Abhishek