1 2026:CGHC:15586 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3022 of 2026 Kirtan Kenwat S/o Shri Chhotelal Kenwat Aged About 19 Years Caste- Kenwat, R/o Ward No. 03, Manendragarh, Police Station And Tahsil Manendragarh, District- Manendragarh-Chirmiri-Bharatpur (C.G.) ... Applicant versus State of Chhattisgarh Through- O4cer-In-Charge, Police Station- Manendragarh, District- Manendragarh-Chirmiri-Bharatpur (C.G.) ... Non-applicant For Applicant : Mr. Shivam Agrawal, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 06.04.2026 1. This is the First bail application :led 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. 24/2026 registered at Police Station : Manendragarh, District - Manendragarh-Chirmiri- Bharatpur (C.G.) for the o=ence punishable under Sections 331(4), 305(A), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, the complainant reported at the Police Station that on 21.01.2026, at about 9:00 o’clock, some unknown persons stole eight batteries from the Government Primary School, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.04.07 11:25:15 +0530 2 Chanwaridand, Police Station Manendragarh, District MCB (C.G.). On 06.02.2026, an FIR was registered against the unknown persons under Sections 331(4) and 305(A) of the BNS. After completion of the investigation, a chargesheet has been :led under Sections 331(4), 305(A), and 3(5) of the BNS. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the FIR was registered against unknown persons. The memorandum and seizure witnesses are interested and pocket witnesses of the police. He also submits that the prosecution has failed to establish that the seized properties are the stolen property of the Government Primary School, Chanwaridand. He submits that the applicant has no criminal antecedents and he is in jail since 07.02.2026, conclusion of the trial may take some time, therefore, he 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. 6. Considering the facts and circumstance of the case, nature and gravity of o=ence and further the fact that the applicant has no criminal antecedents, further, the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 07.02.2026, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 3 7. Let applicant, Kirtan Kenwat, involved in Crime No. 24/2026 registered at Police Station : Manendragarh, District - Manendragarh-Chirmiri- Bharatpur (C.G.) for the o=ence punishable under Sections 331(4), 305(A), 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall :le an undertaking to the e=ect that he shall not seek any adjournment on the dates :xed 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 :xed, either personally or through his counsel. In case of his absence, without su4cient 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 :xed 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 :xed 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 4 court absence of the applicant is deliberate or without su4cient 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. O4ce is directed to send a certi:ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek