1 2026:CGHC:18185 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1773 of 2026 Madan Lal Agrawal S/o Balkram Agrawal Aged About 45 Years R/o Village - Jhagarha Korkoma Road, Police Station- Balco, District- Korba, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station Head Officer, Police Station- Urga, District- Korba, Chhattisgarh. ... Non-applicant For Applicant : Mr. Anshul Tiwari, Advocate. For Non-applicant/State : Dr. Saurabh Pande, Deputy Advocate General. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 21.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 67/2026, registered at Police Station – Urga, District- Korba (C.G.) for the offence punishable under Sections 305, 331(4), 3(5), 111(2)(b) and 317(4) of Bharatiya Nyay Sanhita, 2023 (in short ‘B.N.S.’). 2. As per the prosecution’s case, in brief, the complainant is the proprietor of Maa Vaishnav Trading Company and is engaged in the business of AB cable conversion. Recently, he executed work related to the Electricity Department under the RDSS scheme. He has a godown located at Gram Labed, near Shakti Main Road. On the night of 26.01.2026, an unknown PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.04.23 11:19:49 +0530 2 person allegedly stole 400 meters of aluminium cable worth Rs.80,400/- and 400 kg of aluminium wire worth Rs.1,33,000/- from the said godown. Following this incident, the present FIR bearing No. 67/2026 was registered on 27.01.2026 at Police Station Urga, District Korba, Chhattisgarh, for the alleged offences under Sections 305 and 331(4) of the Bharatiya Nyaya Sanhita, 2023. 3. It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that, as per the memorandum statement of the co-accused, no seizure has been made from the present applicant. He also submits that there are six accused persons in the present case, out of whom five have already been granted bail by the trial Court vide order dated 27.01.2026, a copy of which has been annexed as Annexure-B. It is further submitted that the applicant has previous criminal antecedents, however, an explanation in that regard has been duly provided in paragraph No. 4A of the present bail application. It is also submitted that the charge sheet has already been filed, the applicant has been in judicial custody since 28.01.2026, and the trial is likely to take a considerable amount of time to conclude. Therefore, it is prayed that the applicant be enlarged on bail. 4. On the other hand, learned State counsel opposed the bail application and submitted that the charge-sheet has already been filed in the present case. It is also submitted that the applicant has criminal antecedents, the explanation of which has been duly provided in paragraph No. 4A of the present bail application. 5. I have heard learned counsel for the parties and perused the documents available on record. 3 6. Considering the submissions made by learned counsel for the applicant and the material available on record, particularly the fact that the five co-accused persons have already been granted bail by the trial Court, and the charge sheet has been filed, although the applicant has previous criminal antecedents, an explanation in that regard has been furnished in the bail application, and the applicant has been in judicial custody since 28.01.2026 and the conclusion of the trial is likely to take a considerable amount of time, this Court is of the opinion that the applicant is entitled to be released on bail. 7. Accordingly, the bail application is allowed. Let the applicant - Madan Lal Agrawal, involved in Crime No. 67/2026, registered at Police Station – Urga, District- Korba (C.G.) for the offence punishable under Sections 305, 331(4), 3(5), 111(2)(b), 317(4) of Bharatiya Nyay Sanhita, 2023 (in short ‘B.N.S.’), 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 his under Section 269 of Bharatiya Nyaya Sanhita. 4 (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 his, 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 his in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti