1 2026:CGHC:2309 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 502 of 2026 Deepak Mohite S/o Rohidas Mohite Aged About 28 Years Caste- Kharol, R/o Village- Katputphata, Badwah, Thana- Badwah, District- Khargoun (M.P.) ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station- Kotra Road, District- Raigarh (C.G.) ... Non-Applicant For Applicant : Mr. Anjali Pradhan, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 14.01.2026 1. This is the Second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 311/2024 registered at Police Station - Kotra Road, District- Raigarh (C.G.), for the offence punishable under Sections 305(A), 331(4) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Earlier bail application of the applicant was rejected by this Court vide order dated 13.06.2025 passed in MCRC No. 4449/2025 on merits. 3. Case of the prosecution, in brief, is that, the applicant alongwith the co- PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.01.15 10:27:46 +0530 2 accused, in a planned manner, entered the M/s Satya Auto Private Limited Maruti Showroom situated at Jidal Road. On 14.09.2024 at about 9.10am in the morning, the duty guard Narayan Das informed about the theft incident, after which it was seen that the lock of the gate behind the sales office was broken. The amount of Rs. 3,90,000/- kept in the cash counter and safe of the sales office and workshop office was missing, which some unknown thief stole and took away at night. The Police of Police Station has registered the case and after due investigation, the present applicant alongwith co-accused were arrested. Hence, the bail application. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that although the first bail application was dismissed by this Court vide order dated 13.06.2025 passed in MCRC No. 4449/2025, a new ground has now arisen. It is submitted that the applicant has been in judicial custody since 26.10.2024. It is further argued that out of 17 prosecution witnesses, statements of only 04 witnesses have been recorded so far. As regards the three criminal antecedents attributed to the applicant, it is submitted that the applicant has already been acquitted in all those cases, as explained in paragraph No. 4(a) of the application. It is also submitted that the charge-sheet has been filed. Therefore, he prays that the applicant be enlarged on bail. 5. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed. She further submits that the first bail application was dismissed by this Court vide order dated 13.06.2025 passed in MCRC No. 4449/2025. It is submitted that the applicant has been in judicial custody since 09.10.2024, whereas in the bail application it was mentioned that he was in custody since 3 26.10.2024. 6. I have heard learned counsel for the parties and perused the document available on record. 7. Considering the facts and circumstances of the case, the nature and gravity of the allegations made against the applicant, and the fact that this is the second bail application filed by the applicant, although the first bail application was dismissed by this Court vide order dated 13.06.2025 passed in MCRC No. 4449/2025, a new ground has now arisen that the applicant has been in judicial custody since 09.10.2024, whereas in the bail application it was mentioned that he was in custody since 26.10.2024, further out of 17 prosecution witnesses, statements of only 04 witnesses have been recorded so far, as regards the three criminal antecedents attributed to the applicant, the applicant has already been acquitted in all those cases, as explained in paragraph No. 4(a) of the application, the charge-sheet has been filed, the conclusion of the trial is likely to take sometime, this Court is of the view that the applicant is entitled to be released on bail. 8. Accordingly, the bail application is allowed. 8. Accordingly, the bail application is allowed. Let the applicant, Deepak Mohite involved in Crime No. 311/2024 registered at Police Station - Kotra Road, District- Raigarh (C.G.), for the offence punishable under Sections 305(A), 331(4) and 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two local 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 4 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. 9. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 5 10. Office 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 Preeti