1 2026:CGHC:19981 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2853 of 2026 Ali Khan S/o Babu Khan Aged About 19 Years (Age Of The Applicant Not Mentioned Properly In The Order-Sheet), R/o Haidariya Mohalla, P.S. Maudaha, District- Hamirpur, U.P. Presently Residing At Khel Maidan Sunder Nagar, Near Mohit Kirana Store, P.S. Khamtarai, District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through The Police Station- Moudahapara (Name Of P.S. Wrongly Mentioned In Some Places Of The Order-Sheet), Dist- Raipur (C.G.) ... Respondent For Applicant : Shri Tanuj Patwardhan, Advocate. For Respondent/State : Ms. Sameeksha Gupta, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/04/2026 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.259/2025 registered at Police Station Moudahapara [name of P.S. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.30 18:37:43 +0530 2 wrongly mentioned in some places of the order-sheet], Dist- Raipur (C.G.) for the offence punishable under Sections 303(2), 3(5) of the Bharitya Nyay Sanhita. 2023. 2. Case of the prosecution, in brief, is that on 23/11/2025, between 14:45 and 18:00, complainant Dwipesh Kumar Agarwal reported that his motorcycle, a Honda Shine with registration number CG 04 JF 5707. parked under a neem tree near the Ambedkar statue at Mekahara Hospital, Raipur, had been stolen by an unknown person. A case was registered at Maudahapara Police Station under Crime No. 259/2025 under Section 303(2) of the Indian Penal Code, 2023, and the matter was taken up for investigation. During the investigation, based on information from an informant, the applicant/accused and another co- accused, namely Shahzad Ali Khan, were found near the petrol pump next to the Shaheed Smarak Bhawan, seeking a customer to sell the applicant's stolen vehicle. They were subsequently arrested. The applicant's stolen motorcycle was recovered and seized. On the basis of which the applicant was arrested by the police of Police Station Moudahapara name of P.S. wrongly mentioned in some places of the order-sheet]. Dist- Raipur (C.G.), for the alleged offence punishable under 303(2), 3(5) of the Bharitya Nyay Sanhita, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the instant case and the applicant has no role to play in the commission of the alleged offence. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 14/01/2026 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 3 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 and the applicant has no criminal antecedents in the State of Uttar Pradesh. 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, submission of learned counsel for the parties, materials available on record, nature of allegation levelled against the applicant, period of detention of the applicant since 14/01/2026, charge sheet has been filed, applicant has no criminal antecedents in the State of Uttar Pradesh and also considering the fact that trial is likely to take some time for its conclusion, therefore 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- Ali Khan, involved in Crime No.259/2025 registered at Police Station Moudahapara [name of P.S. wrongly mentioned in some places of the order-sheet], Dist- Raipur (C.G.) for the offence punishable under Sections 303(2), 3(5) of the Bharitya Nyay Sanhita. 2023, 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 4 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