1 2026:CGHC:18151 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3614 of 2026 Bambaiya Alias Chotu Aliyas Rajesh Sahu S/o Raghuram Sahu Aged About 27 Years R/o Torwa Basti, Police Station Torwa, District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, (S H O ) P.S. Torwa District- Bilaspur (C.G.) ...Non-applicant For Applicant : Mr. Badruddin Khan, Advocates. For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 21.04.2026 1. This is the second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 464/2023 registered at Police Station Torwa, District Bilaspur (C.G.) for the offence punishable under Sections 457, 380, 411 and 34 of the IPC. 2. The earlier bail application of the applicant has already been rejected on merits by this Hon’ble Court vide order dated 27.10.2025 passed in VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.22 11:19:24 +0530 2 MCRC No. 8320 of 2025. 3. Case of the prosecution, in brief, is that there was a report lodged on 08/09/2023, complainant Shakuntala Tirki woke up at 02:00 a.m. and found that an unknown person had stolen her daughter Manju Tirki's mobile phone, Rs.50,000 cash in her bedroom bag, a gold earring.and a silver anklet. The complainant lodged a report of the incident at Torwa police station on 08/09/2023. Based on the applicant's report, Torkha police registered a First Information Report (FIR) No. 464/2023 under sections 457 and 380 of the Indian Penal Code against the unknown person. During the investigation, accused Rajesh Sahu alias Chhotu was found to have stolen the mobile phone and sold it to accused Sonu Sahu. On finding the accused Sonu Sahu and Rajesh Sahu alias Chhotu involved in the above crime, on 12/01/2024, accused Sonu Sahu was arrested and a case under section 411 of the Indian Penal Code was registered in the case and a charge sheet was presented in the court for the absconding of accused Bambaiya alias Chhotu alias Rajesh Sahu. In compliance with the permanent arrest warrant, absconding accused Bambaiya alias Chhotu alias Rajesh Sahu was arrested. Hence, this application. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the applicant has been in judicial custody since 01.08.2025, the charge- sheet has already been filed before the competent Court. It is further submitted that no prosecution witness has been examined yet, therefore, the applicant is entitled to be released on bail. 5. On the other hand learned State counsel opposes the bail application 3 of the applicant and submits that the charge-sheet has been filed in the present case. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, the nature of the allegations levelled against the applicant, the fact that the applicant’s first bail application was rejected on merits, and that no prosecution witness has been examined yet, along with the fact that the applicant has been in custody since 01.08.2025 and the trial is likely to take considerable time to conclude, this Court is of the considered view that the applicant is entitled to be released on bail. 8. Let the Second Bail of the Applicant – Bambaiya Alias Chotu Aliyas Rajesh Sahu, involved in Crime No. 464/2023 registered at Police Station Torwa, District Bilaspur (C.G.) for the offence punishable under Sections 457, 380, 411 and 34 of the IPC, be released on bail on furnishing 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 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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav