1 2026:CGHC:1682 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 331 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 C.G. ... Applicant versus The State Of Chhattisgarh Through The Station House Officer, Police Station Dongargaon, District Rajnandgaon C.G. ... Non-Applicant 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.287/2025, registered at Police Station Dongargaon, District - Rajnandgaon (CG) for the offence punishable under Sections 303(2), 331(4) , 305(,) of BNS, 2023. 2. The prosecution story in brief, is that on 02.09.2025, the Complainant Santoshi Sori lodged report Police Station Dongargaon, District- VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.13 14:56:22 +0530 2 Rajnandgaon, that on 01.09.2025, after having dinner, she went to sleep with her children at home. When she woke up at around 7:00 in the morning, she found that the blue Coloured TVS Jupiter bearing registration number CG 08 BE 8253 kept in the courtyard of her house was missing. She searched for it nearby but could not find it anywhere. Then, when she checked the CCTV camera installed in the house of her neighbor Kuldeep Soni, she found that some unknown person had taken away the keys from his house and stolen the TVS Jupiter vehicle kept in the courtyard of the house. Based on the applicant's complaint, on Police Station Dongarga, District- Rajnandgaon, registered Crime No. 287/2025 under Sections 303(2), 331(4), and 305(A) of the Bhartiya Nyaya Sahinta 2023. During the investigation, the present applicant Chandrabhan Vaishnav alias Deepak, was arrested and recorded the memorandum regarding the incident, and he confessed to the crime. After completing the investigation chargesheet has been filed before JMFC Rajnandgaon. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the alleged offence, he further submits that in the present case and has neither committed any theft nor been involved in the alleged offence; he has been arrested merely on suspicion and on the basis of the memorandum of the co-accused recorded by the police. No specific overt act has been attributed to the applicant so as to attract the stringent provisions of Sections 303(2), 331(4) and 305(a) of the BNS, and the entire case rests only on vague and omnibus allegations. The FIR itself states that an unknown person was seen in the CCTV footage taking the scooter and the name of the applicant 3 does not appear anywhere therein, clearly showing that there was no initial suspicion or direct allegation against him. The prosecution relies solely on the alleged confession of the applicant during police interrogation, which is inadmissible in law and cannot be used to oppose the grant of bail. The applicant has no previous criminal conviction, the offence is triable by the Judicial Magistrate First Class, and there is no likelihood of early conclusion of the trial. He has been in custody since 14.09.2025 and, although he has been shown as involved in two similar cases, he has no past criminal antecedents. The applicant is a young man of 27 years, and prolonged incarceration with hardened criminals would seriously prejudice his future. He is a permanent resident of the address mentioned in the cause title, there is no possibility of his absconding or tampering with prosecution witnesses, and he is ready to furnish bail bond and surety to the satisfaction of this Hon’ble Court. 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 4 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, involved in Crime No.287/2025, registered at Police Station Dongargaon, District - Rajnandgaon (CG) for the offence punishable under Sections 303(2), 331(4), 305(,) 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 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. 5 (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 concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Vaibhav