1 2026:CGHC:17926 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3518 of 2026 Kittu S/o Ram Krishan Aged About 58 Years R/o House No. 03/49, Gandhi Nagar, Post Ranji Nagar, Post Thane, District Thiruchirpali, (Tamil Nadu) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Ganj, District Raipur, (Chhattisgarh) ... Respondent(s) For Applicant(s) : Mr. Vikas Shrivastava Bennon, Advocate. For Respondent(s) : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/04/2026 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. 09/2026 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Ganj, District Raipur (C.G.) for the offence punishable under Sections 305(c), 112(2), 324(5), 3(5) of BNS. 2. Case of the prosecution, in brief, is that on 12.01.2026 at about 04:00 PM, the complainant left his home in his car bearing registration No. CG-04-PE-9909 to attend Court at Raipur, accompanied by his brother-in-law, Pravar Jindal. After completing work at the Court, they proceeded to Central Bank, Jail Office, Banjari Market, where the complainant attended a meeting with the bank manager while his brother-in-law remained in the car. Thereafter, at about 05:45 PM, they went to Apollo Diagnostic Clinic to meet Dr. Paras Jain and parked the car on the roadside. It is alleged that at around 06:20 PM, upon returning from the clinic, they found that the rear window glass of the car had been broken and the bags kept on the back seat were stolen. The stolen articles included a grey laptop bag containing cash amounting to Rs. 10,00,000/-, an HP laptop, a Samsung tablet, and a Sony external hard disk, along with a black sling bag containing debit and credit cards. Upon checking CCTV footage, it was seen that 4–5 unknown persons were present near the vehicle, and one person, wearing a blue shirt, was seen breaking the glass and committing theft. Thereafter, the complainant informed his relatives and lodged a report at Police Station Ganj. On the basis of the said complaint, the present FIR was registered and during the course of investigation, the name of the present applicant surfaced as being involved in the commission of the 3 offence. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence in question. He further submits that the applicant is in jail since 12.01.2026, the applicant has only one criminal antecedent, which is of the year 2026 under the BNS and 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. She further submits that the applicant is alleged to have, along with other co-accused persons, broken the window glass of the complainant’s car and committed theft of cash, electronic gadgets, and other valuables kept therein, and thereby participated in the commission of the said offence, further the applicant has one criminal antecedent of the year 2026 of similar nature, therefore, the applicant is not entitled for grant of bail. 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 12.01.2026, the fact that though the applicant is alleged to have, along with other co-accused persons, broken the window glass of the complainant’s car and committed theft of cash, 4 electronic gadgets, and other valuables kept therein, and thereby participated in the commission of the said offence, further the applicant has one criminal antecedent of the year 2026 of similar nature, but considering the fact that he has only one criminal antecedent, which is of the year 2026 under the BNS of identical nature and the charge-sheet has been filed, as such, 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-Kittu, involved in Crime No. 09/2026 registered at Police Station Ganj, District Raipur (C.G.) for the offence punishable under Sections 305(c), 112(2), 324(5), 3(5) of BNS, 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 5 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. 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