1 2026:CGHC:9057 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 501 of 2026 • Sagar Sagariya S/o Altu Sagar, Aged About 30 Years R/o Jagannath Nagar, Pandri, P.S. Civil Lines, District Raipur C.G. ... Applicant versus • State of Chhattisgarh Through Station House Officer, Civil Lines, District Raipur C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Akash Mishra, Advocate For Respondent/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.02.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 547/2025, registered at Police Station – Civil Lines, District – Raipur (C.G.) for the offence punishable under Sections 305(a), 331(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 25, 27 of Arms Act. 2. The case of the prosecution, is that a report of theft was lodged against the unknown person adhering to which FIR bearing crime No. 547/2025 under section 305(a), 331(4), 3(5) of the BNS was VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.20 18:48:05 +0530 2 registered on 23.10.2025 and thereafter prime accused were arrested and based on their memorandum the applicant was arrested on 18.11.2025 and a TV, ceiling fan, LPG cylinder and a stove was seized at his instance from his home. After his arrest, the applicant was presented before the concerned court which remanded him to judicial custody and since his arrest the applicant is behind bars despite innocence. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 18.11.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned counsel for the State submits that the applicant has no criminal record and that a charge sheet has already been filed in the case. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 18.11.2025 and conclusion of the trial is likely to take some time, considering the period of detention of the applicant, I am inclined to allow this application. 7. Let applicant, Sagar Sagariya involved in Crime No.547/2025, 3 registered at Police Station – Civil Lines, District – Raipur (C.G.) for the offence punishable under Sections 305(a), 331(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 25, 27 of Arms Act, 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 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 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. 4 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 Vaishali