1 2026:CGHC:6769 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1340 of 2026 Aman Das Mahant S/o Sadhu Das Mahant Aged About 22 Years R/o Thakurdiya, Kharsiya, Police Station Kharsiya, District Raigarh (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Kharsiya, District Raigarh (C.G.) ... Non-Applicant For Applicant : Mr. Sumit Singh Rathore, Advocate For Non-Applicant/State : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.02.2026 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. 423/2025 registered at Police Station- Kharsiya, District Raigarh, (C.G.) for the offence punishable under Sections 331(4), 305(A) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 31.07.2025, the complainant, namely Chandra Prakash Gabel, resident of RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Saraswati Chowk, Dhakurdiya, Kharsia, lodged a written report at Police Station Kharsia stating that he, along with his wife and mother, had gone to their parental village Jajang, District Sakti, to attend the tenth-day social ceremony of his deceased father, and during their absence the house remained locked. After returning to Kharsia upon completion of the ceremony, they found that unknown persons had committed theft of gold and silver ornaments worth Rs. 39,400/- kept in the almirah. On the basis of the said report, an FIR was registered against unknown persons, and during the course of investigation the accused persons, including the present applicant, were arrested in connection with the said offence. Hence, this bail application has been filed. 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 nothing has been seized from the possession of the present applicant. He further submits that similarly situated co-accused person, namely, Shiva Chauhan has already been granted bail by this Court vide order dated 16.12.2025 in MCRC No. 9134/2025. He also submits that the applicant has 03 criminal antecedents and the police authority has registered all the cases against the applicant on the same day, and he is in jail since 02.08.2025, 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 on the ground of parity. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been submitted 3 before the competent Court. She also submits that the present applicant is involved in the commission of theft of gold and silver ornaments worth Rs. 39,400/- from the house of the complainant during his absence, and during the course of investigation sufÏcient material has been collected connecting the applicant with the said offence. It is further submitted that from the possession of the present applicant gold ornament has been recovered. She further submits that he has 05 criminal antecedents, out of which 03 cases are of the similar nature and one case is under the POCSO Act and another one is under the IPC, which shows that the present applicant is a habitual offender. Therefore, the applicant is not entitled for grant of 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 and gravity of offence, period of detention of the applicant since 02.08.2025, the fact that though the present applicant and other co-accused were committed theft of gold and silver ornaments worth Rs. 39,400/- from the house of the complainant during his absence, but other co-accused person, namely, Shiva Chauhan has already been granted bail by this Court vide order dated 16.12.2025 in MCRC No. 9134/2025, and the case of present applicant is identical to that of the co-accused person, further the applicant has 05 criminal antecedents, out of which, in 03 cases the police authority has registered on the same day against the applicant, and the charge-sheet has been filed in the present case, this Court is of 4 the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Aman Das Mahant, involved in Crime No. 423/2025 registered at Police Station- Kharsiya, District Raigarh, (C.G.) for the offence punishable under Sections 331(4), 305(A) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient 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 5 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 sufÏcient 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. OfÏce 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 Rahul Dewangan