1 2026:CGHC:11030 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1066 of 2026 Usha Rathore D/o Shri Chunnilal Rathore Aged About 28 Years R/o G. Cabin, Station Chowk, Near Ice Club Charoda, Police Station Bhilai 03 District Durg (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, D.D. Nagar Raipur District - Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Shailendra Dubey, Advocate For Non-Applicant/State : Mr. Saumya Rai, Deputy Govt. Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.03.2026 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. 362/2025 registered at Police Station- D.D. Nagar, Raipur, District - Raipur, (C.G.) for the offence punishable under Sections 331(4), 305(1), and 317(2) of the Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that on 18.08.2025 at about 06:00 AM, the complainant locked the main door and main gate of RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 his house and left for Bilaspur along with his family. On 20.08.2025, his neighbour informed him over the phone that although the main gate was found locked, the lock of the main door had been broken, giving rise to suspicion that a theft had occurred. Thereafter, the complainant along with his wife, Madhuri Nag, returned to their house on the evening of 20.08.2025 and found the lock of the main door broken. Upon entering the house, they noticed that the household articles were scattered. In the bedroom, two iron cupboards were found open with their locks broken, and the lock of a wooden box was also broken. Upon checking the cupboards and the wooden box, it was found that several gold and silver ornaments were missing, including 02 used gold necklaces received as gifts, 01 gold Rani necklace, 01 big Mangalsutra, 04 gold chains, 06 gold rings, 10 pairs of gold earrings (including tops and jhumkas), 02 gold bracelets, 03 gold nose rings, 01 gold maang tikka, one broken gold locket, 25 thin silver anklets, 07 thick silver anklets, and a silver idol of Lord Ganesha. On the basis of the said report, FIR No. 362/2025 was registered, and the present applicant was made an accused and arrested on 21.08.2025 in connection with the commission of the said offence. Hence, this bail application filed. 3. Learned counsel for the applicant submits that the present applicant is innocent and has not committed any offence as alleged, and that she has been falsely implicated in the present case without proper appreciation of the facts. It is further submitted that no seizure has been effected from the personal possession of the applicant and there is no material on record to prima facie establish her conscious 3 or knowing involvement in dealing with any alleged stolen property. The offences alleged do not stand attracted in the facts and circumstances of the case. He further submits that the present applicant has no previous criminal antecedents, the charge-sheet has been filed before the competent Court, she is in jail since 21.12.2025, 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 not been submitted before the competent Court. He further submits that the applicant is involved in a serious offence of house-breaking and theft involving valuable gold and silver ornaments, including 02 used gold necklaces received as gifts, 01 gold Rani necklace, 01 big Mangalsutra, 04 gold chains, 06 gold rings, 10 pairs of gold earrings (including tops and jhumkas), 02 gold bracelets, 03 gold nose rings, 01 gold maang tikka, one broken gold locket, 25 thin silver anklets, 07 thick silver anklets, and a silver idol of Lord Ganesha. Therefore, considering the gravity of the allegations, the applicant does not deserve to be enlarged on 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 that though the applicant is involved in a serious offence of house- breaking and theft involving valuable gold and silver ornaments, but also considering the fact that the applicant is languishing in jail 4 since 21.12.2025, she has no previous criminal antecedents and the charge-sheet has been submitted before the competent Court which was taken on record and the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let the applicant - Usha Rathore, involved in Crime No. 362/2025 registered at Police Station- D.D. Nagar, Raipur, District - Raipur, (C.G.) for the offence punishable under Sections 331(4), 305(1), and 317(2) of the Bharatiya Nyaya Sanhita, 2023, 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 she 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 her counsel. In case of her absence, without sufÏcient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya 5 Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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 sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan