1 2026:CGHC:2029 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 418 of 2026 • Krishna Dhimar S/o. Mahendra Dhimar Aged About 25 Years R/o. Village Darain, In Front Of Primary School, Post - Kharihatola, Police Station - Siddhi, District - Shahdol (Madhya Pradesh) (In Jail) ... Applicant versus • State of Chhattisgarh Through - Police Station- Darima, District - Surguja (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sangeet Kumar Kushwaha, Advocate For Respondent/State : Mr. Dharmesh Shrivastava, Dy.A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 128/2025, registered at Police Station – Darima, District – Surguja (C.G.) for the offence punishable under Sections 331(4) and 305(e) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that FIR was lodged on the night of 06.09.2025 at around 2:00 a.m, that 30 quintals of rice, 6 quintals of Sugar, and 2 quintals of gram worth of Rs.41,220/- were stolen from VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.14 19:57:08 +0530 2 the Government fair price shop of Gram Panchayat Khala. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that applicant is a driver by profession and he only done the said act the goods on rent from one place to another in the course of his business for earning his livelihood and there is three criminal antecedents registered against the present applicant and bearing crime No.83 of 2025, he has already been granted bail by this Court in MCRC No.326 of 2026 vide order dated 12.01.2026. It is further submitted that one other co-accused has already been enlarged on bail and the charge-sheet has been filed in this case and the applicant is in jail since 16.10.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that applicant is resident of the State of Madhya Pradesh and there are three criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that 30 quintals of rice, 6 quintals of Sugar, and 2 quintals of gram worth of Rs.41,220/- were stolen from the Government fair price shop of Gram Panchayat Khala by the applicant, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there are three criminal antecedents registered against the present applicant, Further more he has already granted bail by this 3 Court bearing crime No.83 of 2025 in MCRC No.326 of 2026 vide order dated 12.01.2026, charge-sheet has been filed against the applicant, the applicant is in jail since 16.10.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Krishna Dhimar, involved in Crime No. 128/2025, registered at Police Station – Darima, District – Surguja (C.G.) for the offence punishable under Sections 331(4) and 305(e) of the Bharatiya Nyaya Sanhita, 2023 (BNS), 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 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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali