1 2026:CGHC:4708 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 906 of 2026 Lokesh Shrivas S/o Kapil Shrivas Aged About 32 Years Village Nawapar P.S. Pandatarai, Distt- Kabirdham (C.G) ... Applicant(s) versus State Of Chhattisgarh Through P.S.- Tarbahar, Bilaspur, District- Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sanjay Agrawal, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/01/2026 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. 139/2023 registered at Police Station Tarbahar, Bilaspur, District- Bilaspur (C.G.) for the offence punishable under Sections 457, 380 of the Indian Penal Code. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that the complainant Rajesh Kashyap lodged a report at Police Station Tarbahar, Bilaspur, stating that on 13.05.2023, upon opening his shop in the morning, he found that a cash amount of Rs. 90,000/- kept in the drawer was missing. Subsequently, on 15.05.2023, he reported the matter against unknown persons, and after a lapse of about two and a half years, the police arrested the accused and proceeded to file the charge-sheet. 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. He further submits that the alleged seizure from the applicant is doubtful, as the seizure memo was prepared by the police much prior to his arrest and recording of memorandum in Crime No. 777/2023. The applicant was arrested on 03.10.2023 in Crime No. 777/2023 and other connected cases and was granted bail in all those matters by this Hon’ble Court. However, despite the lapse of a considerable period, no action was taken by the police against the applicant in the present Crime No. 139/2023 during that time. He also submits that after a delay of about two and a half years from the date of the incident, the applicant was suddenly arrested on 18.12.2025, and the police hastily filed the charge-sheet on 20.12.2025 without any independent seizure or evidence against him. The applicant has been implicated in the present case solely on the basis of his memorandum statement and alleged seizure in Crime No. 3 777/2023, which has been mechanically relied upon in other cases. The applicant is in jail since 18.12.2025, the applicant has 08 criminal antecedents of identical nature, 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 though no seizure of any incriminating article has been made from the present applicant, but the applicant allegedly committed theft of cash amounting to Rs. 90,000/- from the complainant’s shop, further the applicant has 08 criminal antecedents of identical 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 18.12.2025, the fact that though the applicant allegedly committed theft of cash amounting to Rs. 90,000/- from the complainant’s shop, but considering the fact that no seizure of any incriminating article has been made from the possession of the applicant, also considering the criminal antecedents of the applicant, this Court is of the view that the applicant is entitled to be released on bail in this case. 4 7. Accordingly, the application is allowed. 8. Let the Applicant-Lokesh Shrivas, involved in Crime No. 139/2023 registered at Police Station Tarbahar, Bilaspur, District- Bilaspur (C.G.) for the offence punishable under Sections 457, 380 of the Indian Penal Code, 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 5 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