1 2026:CGHC:1698-FB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 265 of 2026 Sarfuddin Khan @ Guddu S/o Samsuddin Khan Aged About 47 Years R/o Sector- 06, Sadak No. 51, Block No. 3d Bhilai Nagar, District- Durg (C.G.) (Details Of Applicant Properly Not Mentioned On Impugned Order Sheet And Correct Details Is Mentioned As Per Chargesheet) ... Applicant(s) versus State Of Chhattisgarh Through The Sho Police Station Deori, District- Balod (C.G.) ... Respondent(s) For Applicant(s) : Mr. Aman Tamrakar, Advocate. For Respondent(s) : Ms. Anusha Naik, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/01/2026 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. 11/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Deori, District- Balod (C.G.) for the offence punishable under Sections 331(4), 305, 112, 238, 317(4) and 3(5) of BNS. 2. Case of the prosecution, in brief, is that on 30.01.2025 at about 10:00 PM, an unknown person broke open the lock of the complainant’s house situated at Deori and committed theft of cash amounting to Rs.70,000/- and gold and silver jewellery worth Rs.1,10,000/-, kept in the cupboard of the bedroom, causing a total loss of Rs.1,80,000/-. It is alleged that the co-accused entered the complainant’s house during the night and committed the theft, and that the present applicant, being a co-accused, kept the stolen jewellery in his possession and assisted in selling the same to other co-accused persons. On the basis of the complainant’s report, a crime was initially registered against unknown persons at the concerned police station and the matter was taken up for investigation. During investigation, the accused persons were traced, taken into custody, and on the basis of their memorandum statements, the articles used in the commission of the offence and the remaining stolen property were seized. Thereafter, the accused persons were arrested and offences under Sections 331(4), 305, 238, 317(4), 112 and 3(5) of the BNS, 2023 (corresponding to Sections 457, 380, 201, 413 and 34 of the IPC) were registered against them. Hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant has 3 not committed any offence, only on the basis of memorandum statement present applicant has been made an accused in the crime in question, further no seizure has been made from the possession of the applicant. The applicant is in jail since 18.09.2025, the applicant has two criminal antecedents, on the basis of one memorandum statement three FIRs’ have been registered against the applicant, out of which, one is the present case bearing FIR No.11/2025 and rest are FIR Nos.36/2025 and 180/2025, in which the applicant is on bail, further 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. She further submits that the applicant is alleged to have knowingly retained the stolen gold and silver jewellery and assisted in selling the same, which had been stolen by the co- accused from the complainant’s house, and thereby participated in the commission of the offence, further the applicant has two criminal antecedents of identical nature, therefore, he 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 and the fact that though the 4 applicant is alleged to have knowingly retained the stolen gold and silver jewellery and assisted in selling the same, which had been stolen by the co-accused from the complainant’s house, and thereby participated in the commission of the offence, but considering the period of detention of the applicant i.e. since 18.09.2025, also considering the criminal antecedents of the applicant and the fact that charge-sheet has been filed, 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. 7. Accordingly, the application is allowed. 8. Let the Applicant-Sarfuddin Khan @ Guddu, involved in Crime No. 11/2025 registered at Police Station Deori, District- Balod (C.G.) for the offence punishable under Sections 331(4), 305, 112, 238, 317(4) and 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 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. 5 (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