1 2026:CGHC:399 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9985 of 2025 Aditya Sahani S/o Ramesh Sahani Aged About 19 Years R/o Village- Shivnandanpur, Bhathupara, Police Station- Vishrampur, Distt.- Surajpur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Vishrampur, Distt.- Surajpur (C.G.) ... Respondent For Applicant : Shri Sanjay Pathak, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/01/2026 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.205/2024 (wrongly mention as 205/2025 in order sheet) registered at Police Station Vishrampur, Distt. Surajpur (C.G.) for the offence punishable under Sections 331(4), 305, 317(4), 112, 3(5) of BNS. 2. Case of the prosecution, in brief, is that the complainant namely Amrendra Narayan has lodged an F.I.R. with the averment that, on 07.09.2024 at about 4:30 PM he went to Delhi for admission of his GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.06 16:19:27 +0530 2 daughter. On 11.09.2024 at about 1:30 PM he returned at home and saw that, the door of back side of house was broken and one gold Latkan, one gold ring, one set gold Har, one set gold Bali, one gold chain has been stolen by unknown persons from the almirah and on the basis of report F.I.R. has been registered against unknown person and during the investigation present applicant has been arrested along with other co-accused persons and they have excepted the alleged commission of crime and also stated in their memorandum that they also committed three other theft before present crime and the present applicant has been arrested along with other co-accused and after completing the investigation charge sheet has been filed. 3. Learned counsel for the applicant submits that the present applicant is innocent person and have falsely been implicated in this case. He would submit that there is no seizure from the present applicant. He would submit that co-accused persons namely Arjun Soni and Sujeet @ Teeju Soni have been granted bail by this Court in MCRC No.1338/2025 on 20/03/2025. He would submit that along with this bail application there are two more bail applications which are listed today and there are 2 more cases against the applicant, out of which one case is disposed of and one case is pending before Juvenile Justice Board. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 27/12/2024 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. She would submit that in this case, there is 3 no recovery from the applicant. She would submit that along with this bail application there are two more bail applications which are listed today and there are two more criminal antecedents against the applicant, out of which one case is disposed of and one case is pending before Juvenile Justice Board, therefore applicant is not entitled to be released 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, nature of allegation levelled against the applicant, further the fact that co-accused persons namely Arjun Soni and Sujeet @ Teeju Soni have been granted bail by this Court in MCRC No.1338/2025 on 20/03/2025, period of detention of the applicant since 27/12/2024, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Aditya Sahani, involved in Crime No.205/2024 (wrongly mention as 205/2025 in order sheet) registered at Police Station Vishrampur, Distt. Surajpur (C.G.) for the offence punishable under Sections 331(4), 305, 317(4), 112, 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 4 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 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. 8. 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 gouri