1 2026:CGHC:2039 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 380 of 2026 Sunil Dewar S/o Rajendra Dewar Aged About 24 Years, R/o Balauda, Dewarpara, Thana Balauda, District- Janjgir-Champa, (C.G.) ... Applicant versus State of Chhattisgarh Through - Police Station- Dipka, District- Korba, (C.G.) ... Non-Applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.01 .202 6 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. 316/2025, registered at Police Station - Dipka, District- Korba (C.G.) for the offence punishable under Sections 303(2) of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution case, in brief, on 21/08/25 at about 7:21 p.m., the complainant, namely Birbal Singh Kanwar, lodged an oral report against an unknown person, stating that some unknown person had committed theft of his TVS Super XL bearing registration No. CG-12 BA-9969 from Pragati Nagar Gate, Dipka, on 09/06/25 between 2:00 p.m. and 9:00 p.m. Thereafter, the complainant lodged an FIR against the unknown person, and after investigation, the police arrested the applicant. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.01.14 12:42:06 +0530 2 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 submitted that the date of incident is 09.06.2025 and after 02 months 12 days of the incident, the complainant has lodged report on 21.08.2025 and he has not explained about the delay of lodging the FIR. Further, the applicant has one previous criminal antecedent, the charge-sheet has been filed in this case and the applicant is in jail since 17.11.2025 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 of the applicant, hence, 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, period of detention of the applicant since 17.11.2025, the fact that the applicant has one previous criminal antecedents, the charge-sheet has been filed in this case, and conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be granted regular bail in this case. 7. Accordingly, the bail application is allowed. Let applicant - Sunil Dewar, respectively involved in Crime No. 316/2025, registered at Police Station - Dipka, District- Korba (C.G.) for the offence punishable under Sections 303(2) of Bharatiya Nyaya 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 3 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 applicants 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti