1 2026:CGHC:3414 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 711 of 2026 Sanni Gond S/o Vinod Gond Aged About 22 Years R/o Balaji Nagar, District Pune Maharashtra ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station New Rajendra Nagar, Raipur, District Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Bharat Lal Sahu, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/01/2026 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. 199/2025 registered at Police Station New Rajendra Nagar, Raipur, District Raipur (C.G.) for the offence punishable under Sections 331(3), 305, 3(5) of BNS. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that the complainant lodged a missing/theft report at the concerned police station stating that on the date of the incident, some unknown persons forcibly entered his house by breaking the lock and committed theft of silver and gold ornaments, a mobile phone, and cash. On the basis of the said complaint, the police registered a case under Sections 331(3), 305, and 3(5) of the Bharatiya Nyaya Sanhita (B.N.S.) against unknown persons. During the course of investigation, the present applicant was arrested on the basis of the memorandum statement, and thereafter implicated in the present case. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence, only on the basis of memorandum statement of co-accused persons, present applicant has been implicated in the case. The applicant is in jail since 06.10.2025, the applicant has four criminal antecedents, out of which, in one case applicant has been granted bail by the trial Court, one case is pending and against one case applicant has preferred MCRC No.700/2026, which is also listed today, further 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. She further submits that the applicant allegedly 3 involved in the commission of house-breaking and theft of sliver and gold ornaments, a mobile phone and cash from the complainant’s house, and was arrested and implicated in the case on the basis of memorandum statement during the course of investigation. So far as criminal antecedents of the applicant are concerned, applicant has four criminal antecedents, which shows that the applicant is a habitual offender 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, nature and gravity of offence, period of detention of the applicant since 06.10.2025, the fact that though the applicant allegedly involved in the commission of house-breaking and theft of sliver and gold ornaments, a mobile phone and cash from the complainant’s house, but considering the criminal antecedents of the applicant, which are four in number, out of which, in one case applicant has been granted bail by the trial Court, one case is pending and against one case applicant has preferred MCRC No.700/2026, which is also listed today and the same is allowed today itself by this Court, further the charge-sheet has been filed, 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. 4 8. Let the Applicant-Sanni Gond, involved in Crime No. 199/2025 registered at Police Station New Rajendra Nagar, Raipur, District Raipur (C.G.) for the offence punishable under Sections 331(3), 305, 3(5) of BNS, 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 sufficient 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 statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is 5 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. 9. Office is directed to send a certified copy of this order to the trial - Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil