1 2026:CGHC:6581 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1272 of 2026 Aman Faiyaj Sheikh @ Rehan S/o Faiyaj Sheikh Aged About 22 Years R/o Building No. 01, Kurla West Kurla Maharashtra ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Amanaka, Raipur, District Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. B.L. Sahu, Advocate. For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.02.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 250/2025 registered at Police Station Amanaka, District Raipur (C.G.) for the offence punishable under Sections 305(a), 331(3), and 3(5) of Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant lodged a missing report at the concerned police station stating that, on the date of the incident, unknown persons entered the house of the complainant by breaking the lock and committed theft of silver, gold, a mobile phone, and ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.02.06 11:07:58 +0530 2 some cash amount from his house. On the basis of the complaint made by the complainant, the police registered a case under Sections 305(a), 331(3), and 3(5) of the Bharatiya Nyaya Sanhita against unknown persons. Thereafter, during the course of investigation, the police arrested the present applicant solely on the basis of a memorandum statement. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that no recovery, seizure, or incriminating article whatsoever has been effected from the present applicant in connection with the present crime. So far as criminal antecedents of the applicant are concerned, he has three criminal antecedents, including the present case. In one case, the applicant has preferred a bail application bearing MCRC No. 1320/2026, which is also listed today at Serial No. 55, and another case is pending. The applicant is in jail since 06.10.2025, the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant has 03 criminal antecedents of similar nature, as such, he is a habitual offencer and 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, the nature and gravity of the offence, the period of detention of the applicant 3 since 06.10.2025, and the fact that, as regards the criminal antecedents of the applicant, he has three criminal antecedents, including the present case; that in one case the applicant had preferred a bail application bearing MCRC No. 1320/2026, which was also listed today at Serial No. 55 and has been allowed today by this Court, and another case is pending, and further that the charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Aman Faiyaj Sheikh @ Rehan, involved in Crime No. 250/2025 registered at Police Station Amanaka, District Raipur (C.G.) for the offence punishable under Sections 305(a), 331(3), and 3(5) of Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a 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 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 4 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 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. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek