1 2026:CGHC:21252 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3597 of 2026 Mohammad Siraj S/o Mohammad Mir Hasan Aged About 26 Years R/o Kalika Nagar, Tifra Thana Sirgitti, District Bilaspur Chhattisgarh ... Applicant versus State of Chhattisgarh Through Thana Bilha, District Bilaspur Chhattisgarh ... Non-applicant For Applicant : Mr. Priyanka Rai, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.05.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 62/2026 registered at Police Station Bilha, District – Bilaspur (C.G.), for the offence punishable under Section 303(2) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution, a complaint was lodged by the complainant, namely Jawahar Lal Koshle, a resident of Village Dhaurabhatha, stating that on 26.12.2025, his son, Rajesh Kumar Koshle, along with his grandfather, went to Village Bartori to a relative’s residence, his son dropped his grandfather at the relative’s house and, while returning home at about 9:00 PM, parked his motorcycle, Hero HF Deluxe bearing ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.05.07 11:42:58 +0530 2 registration No. CG-10/BG/6469, near the petrol pump on Bartori Jhaal Road, and went to meet a friend. Upon returning at about 10:00 PM, he found that his motorcycle was missing from the place where it had been parked, and that some unknown person had stolen it. During the course of investigation, it was revealed that the said motorcycle had been stolen by the present applicant/accused along with the co-accused. In this regard, Crime No. 62/2026 has been registered at Police Station Bilha, District Bilaspur, under Section 303(2) of the B.N.S. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case. She submits that the charge-sheet has already been filed in the matter and the trial is at the stage of recording of evidence, wherein the complainant/witness has denied recognizing the applicant/accused. No seizure has been made from the accused, and the complaint was initially registered against an unknown person, moreover, the applicant/accused was not present at the place of the incident on the alleged date, i.e., 26.12.2025. She also submits that the applicant has only one criminal antecedent under the BNS, which is also listed today before this Court for consideration, and apart from this case, the applicant has no other criminal antecedents. It is further submitted that the applicant has been in judicial custody since 28.01.2026, and as the conclusion of the trial is likely to take some time, she prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, and the fact that the present applicant has one criminal antecedent apart from the present case, which is also listed before this Court for hearing today. Moreover, the fact that the charge-sheet has already been submitted before the competent Court, the applicant has been incarcerated since 28.01.2026, and the conclusion of the trial may take some time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Mohammad Siraj, involved in Crime No. 62/2026 registered at Police Station Bilha, District – Bilaspur (C.G.), for the offence punishable under Section 303(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 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. 4 (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. 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