1 2026:CGHC:1683 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 294 of 2026 Chandrabhan Vaishnav Alias Deepak Vaishnav S/o Dablu Das Vaishnav Aged About 27 Years R/o- Village Bodhitola Ward No. 12, Police Station Dongargaon, District- Rajnandgaon (C.G.) Permanent Address- Village- Sankaldahra Deori, Police Station Dongargaon, District- Rajnandgaon (Chhattisgarh) ... Applicant(s) versus The State Of Chhattisgarh Through The Station House OfÏcer, Police Station- Dongargaon, Distt.- Rajnandgaon (C.G.) ... Non-Applicant(s) For Applicant : Mr. Rajendra Patel, Advocate. For Non-Applicant : Ms. Vaishali Mahilong, Dy. Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 236/2025, registered at Police Station Dongargaon, District Rajnandgaon (CG) for the offence punishable under Sections 303(2), 331(3) of BNS, 2023. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. The prosecution story in brief, is that on 24.07.2025, the complainant Kemeshwari Raote, a resident of Village Khairwahi, Post Narratola, Police Station Doundi Lohara, District Balod, lodged an oral complaint at Police Station Rajnandgaon stating that she is a private teacher at Kamaladevi ITI, Mohad, and is presently residing on rent in the house of Prayag Sahu at Dongargaon. It is stated that on 23.07.2025, as per her daily routine, she locked her room and went for duty at about 9:30 a.m. When she returned at about 4:30 p.m. and opened the front lock, she found that the articles kept inside the room were scattered, the back door was open and her laptop bag was missing. It was further found that a gold chain weighing 4.660 grams, gold rings weighing 2.130 grams and 1.290 grams respectively, and a pen drive kept in the bag were also missing. It is alleged that some unknown person had entered the house through the back door and committed theft of the said articles. On the basis of the said complaint, Police Station Rajnandgaon registered Crime No. 236/2025 for the offence punishable under Sections 303(2) and 331(3) of the Bharatiya Nyaya Sanhita, 2023 against unknown persons. During the course of investigation, the present applicant, namely Chandrabhan Vaishnav alias Deepak, was arrested, and his memorandum statement in connection with the incident was recorded. After completion of the investigation, a charge-sheet has been filed before the learned JMFC, Rajnandgaon. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the alleged offence, as he has neither 3 committed any theft nor was involved in the alleged crime in any manner and his arrest has been made merely on the basis of suspicion and the memorandum statement of a co-accused, without any independent corroborative evidence. It is submitted that no specific overt act has been attributed to the applicant so as to bring him within the strict ambit of Sections 303(2) and 331(4) of the Bharatiya Nyaya Sanhita, 2023, and the entire prosecution case rests on vague, omnibus, and general allegations. The original FIR itself records that an unknown person was seen in CCTV footage taking the scooter, and the name of the applicant does not appear anywhere therein, which clearly demonstrates absence of initial suspicion or direct allegation against him. The prosecution case merely alleges that the applicant “accepted interrogation,” however, any such alleged confession made before the police is inadmissible in law and cannot be relied upon to oppose the grant of bail. The applicant has no previous criminal antecedent, the offences alleged against him are triable by the learned Judicial Magistrate First Class, and there is no likelihood of early conclusion of the trial. It is further submitted that the applicant, a young man aged about 27 years, was arrested on 14.09.2025 and has been implicated in two cases of similar nature on the basis of a single memorandum statement, pursuant to which he was arrested on the same day, in the present case, gold ornaments have been shown to be recovered, whereas in the other case, scooter has allegedly been recovered. Continued incarceration of the applicant with hardened criminals would cause irreparable damage to his future, despite the absence of any prior 4 conviction and in the present case, charge-sheet has been filed before the competent Court and so far as the criminal antecedents of the applicant is concerned, the applicant has four criminal antecedents out of which one case is under the preventive in nature and rest cases are under the BNS of the year 2025 and are still pending as same has been explained in the bail application of para No.4(A) therefore, he prays for grant of bail to the applicant . 4. 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 before the competent Court. 5. I have heard learned counsel for the parties and perused the bail application with utmost circumspection. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 14.09.2025 and also considering the criminal antecedents of the applicant which has been explained in the bail application of para No.4(A) and the seizure has been made from the applicant and the fact that in the present case, charge-sheet has been filed before the competent Court and no further interrogation is required and the trial is likely to take some time for its conclusion, therefore, without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the applicant- Chandrabhan Vaishnav alias Deepak Vaishnav, 5 involved in Crime No. 236/2025, registered at Police Station Dongargaon, District Rajnandgaon (CG) for the offence punishable under Sections 303(2), 331(3) of BNS, 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 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 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 6 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. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Kunal