1 2026:CGHC:1205 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 86 of 2026 Virendra Kumar Shrivas S/o Late Shri Ram Kumar Shrivas Aged About 26 Years R/o Village Lamer, Ward No. 6, Nai Mohalla, P.S. Kota, District Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Kharora, District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Bharat Lal Thakur, Advocate. For Non-applicant/State. : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.01.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 830/2025 registered at Police Station Kharora, District – Raipur (C.G.), for the offences punishable under Sections 303(2), 340(2), 238(c), and 317(5), 3(5) Bhartiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that the complainant lodged a report at the concerned police station stating that on the date of the incident, unknown persons had committed theft of six jericans of diesel from his ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.01.09 11:09:00 +0530 2 vehicle. On the basis of the said complaint, the police registered a case under Sections 303(2), 340(2), 238(c), 317(5), and 3(5) of the Bharatiya Nyaya Sanhita (BNS) against unknown persons. After investigation, the police arrested the present applicant on the basis of the memorandum statement. 3. Learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in the aforementioned case. He submits that the police have not seized any alleged stolen article from the applicant, and the applicant has not committed theft of any such article. The applicant has been arrested by the police solely on the basis of a memorandum statement. He also submits that the applicant has no criminal antecedents and he is in jail since 05.12.2025, conclusion of the trial may take some time, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the charge sheet has not submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions made by learned counsel for the applicant, and taking into account the fact that although the charge-sheet has not yet been submitted before the competent Court in the present case, the applicant has no criminal antecedents and has been in jail since 05.12.2025, and further considering that the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Virendra Kumar Shrivas, involved in Crime No. 830/2025 registered at Police Station Kharora, District – Raipur (C.G.), 3 for the offences punishable under Sections 303(2), 340(2), 238(c), and 317(5), 3(5) Bhartiya 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 his 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 his, 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 4 treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. OfÏce 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 Abhishek