1 2026:CGHC:143 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10022 of 2025 Dilesh Kumar Kurrey S/o Shri Sundrika Kurrey Aged About 25 Years R/o Village- Birgahani, Police Station - Balouda, District : Janjgir-Champa, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Shivrinarayan, District Janjgir-Champa, C.G. (Also Mentioned In Impugned Order As State Of Chhattisgarh Through District Magistrate, Janjgir, Dist. Janjgir-Champa, C.G.) ... Respondent(s) For Applicant(s) : Mr. Vivek Kumar Shrivastava, Advocate. For Respondent(s) : Mr. Priyank Rathi, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/01/2026 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. 382/2025 registered at Police Station Shivrinarayan, District Janjgir-Champa (C.G.) for the offence punishable under Sections 303(2), 61(2), 112(2) 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 report at the concerned Police Station alleging that on the date of the incident, unknown persons committed theft of approximately 400 liters of diesel from a parked vehicle. On the basis of the said complaint, the police registered an offence under Sections 303(2), 61(2) and 112(2) of the Bharatiya Nyaya Sanhita against unknown persons. During the course of investigation, the present applicant was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. The applicant is in jail since 05.09.2025 and has four criminal antecedents of the years 2021, 2024 and 2025 under BNS against which applicant has preferred bail applications, out of which two are listed today i.e. MCRC No.9837 of 2025 and MCRC No.9857 of 2025, 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. He further submits that the applicant was involved in the theft of approximately 400 liters of diesel from a parked vehicle, further the applicant has four criminal antecedent of the year 2021, 2024 and 2025 under the BNS, therefore, the applicant is not entitled for grant of bail. 3 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 05.09.2025, the fact that though the applicant was involved in the theft of approximately 400 liters of diesel from a parked vehicle, but considering the fact that the applicant has four criminal antecedents, against which applicant has preferred bail applications, out of which two are listed today as MCRC No.9837 of 2025 and MCRC No.9857 of 2025 and the same are allowed today itself by this Court, further 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. 8. Let the Applicant-Dilesh Kumar Kurrey, involved in Crime No. 382/2025 registered at Police Station Shivrinarayan, District Janjgir-Champa (C.G.) for the offence punishable under Sections 303(2), 61(2), 112(2) 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 4 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. 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