1 2026:CGHC:5999 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1127 of 2026 Rajesh Soni S/o Late Madan Lal Sahu Aged About 43 Years R/o Camp - 01, Sadak No. 18, Sangram Chauk, Bhilai, Tehsil And District Durg C.G. ... Applicant(s) versus 1 - State Of Chhattisgarh District Magistrate Balod, District Balod C.G. 2 - Through The Sho, Police Station- Arjunda, District Balod C.G. ... Respondent(s) For Applicant(s) : Mr. Samdarsh Nirankari, Advocate. For Respondent(s) : Ms. Vaishali Mahilang, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/02/2026 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. 170/2024 registered at Police Station Arjunda, District Balod (C.G.) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sections 331(3), 305, 112, 238, 317(4) & 3(5) of BNS. 2. Case of the prosecution, in brief, is that on 30.08.2024, the complainant Shatrughan Yadav reported that during his absence from home along with his family members, unknown persons committed theft by breaking the locks of two rooms of his house and stole gold and silver ornaments valued at about Rs.37,000/-. On the basis of the said report, FIR No. 170/2024 was registered at Police Station Arjunda, District Balod, on the same date. During investigation, the present applicant was implicated on the allegation that one Surfuddin Khan @ Guddu sold certain gold and silver ornaments to him without a bill, and the applicant allegedly purchased the same in his capacity as a jeweller. After completion of investigation, the police filed Charge-sheet No. 123/2025 on 27.11.2025 before the competent Court. 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 no recovery, seizure, or incriminating article whatsoever has been effected from the present applicant in connection with the present crime. The entire case against the applicant is not supported by any material recovery. A true copy of the memorandum statement recorded by the police is annexed herewith as Annexure-A/3. So far as criminal antecedents of the applicant are concerned, applicant 3 has five criminal antecedents, out of which, in four cases applicant has already been granted bail by this Court vide orders dated 22.09.2025 & 20.01.2026 in MCRC Nos.6406/2025, 9392/2025, 9491/2025 & 9471/2025 and against one case applicant has preferred bail application bearing MCRC No.1152/2026, which is also listed today at serial No.50. The applicant is in jail since 09.10.2025, the 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 being the owner of a jewellery shop, allegedly purchased gold and silver ornaments without a bill from co-accused, Surfuddin Khan @ Guddu, which ornaments are stated to be related to the theft. Furthermore, the applicant has five criminal antecedents of similar nature, as such, he is a habitual offencer and his bail application is liable to be rejected. 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 09.10.2025, the fact that though the allegation against the applicant that he being the owner of a jewellery shop, allegedly 4 purchased gold and silver ornaments without a bill from co- accused, Surfuddin Khan @ Guddu, which ornaments are stated to be related to the theft, but considering the fact that applicant is having five criminal antecedents of similar nature, out of which, in four cases applicant has already been granted bail by this Court vide orders dated 22.09.2025 & 20.01.2026 in MCRC Nos.6406/2025, 9392/2025, 9491/2025 & 9471/2025 and against one case, he has preferred bail application bearing MCRC No.1152/2026, which is also listed today and the same is allowed today itself by this Court, further the charge-sheet has been filed in the present case, 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-Rajesh Soni, involved in Crime No. 170/2024 registered at Police Station Arjunda, District Balod (C.G.) for the offence punishable under Sections 331(3), 305, 112, 238, 317(4) & 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 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 5 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