1 2026:CGHC:1700 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 261 of 2026 Vikas Suryavanshi S/o Santosh Suryavanshi Aged About 20 Years R/o Bhairobaba Ratanpur, District : Bilaspur, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through - Police Station Ratanpur, District : Bilaspur, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Rajendra Kumar Patel, Advocate. For Respondent(s) : Ms. Nupur Trivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 534/2025 registered at Police Station Ratanpur, District : Bilaspur (C.G.) for the offence punishable under Sections 331(4), 305 of BNS. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 14.08.2025, after having dinner, the complainant along with his family was sleeping in their house. During the night, unknown thieves entered the house and committed theft of several articles, including gold and silver ornaments, important educational documents, bank-related documents, ATM card, and three mobile phones of Motorola, Xiaomi, and Realme make. The total value of the stolen property is stated to be Rs.97,000/-. On the basis of the report lodged by the complainant, during interrogation of the applicant/accused and a juvenile in conflict with law, namely Kuldeep Dhruv, a memorandum statement was recorded, wherein it was disclosed that two gold necklaces, one pair of silver anklets, and mobile phones were kept at their house. Accordingly, an offence was registered at Police Station Ratanpur against the applicant and the juvenile in conflict with law. After arrest/custody and completion of investigation, the police have filed the charge-sheet in the matter. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that no seizure has been made from the possession of the present applicant. The applicant is in jail since 24.09.2025, the applicant has one criminal antecedent of the year 2023 under Sections 341, 392 of IPC and Section 25, 27 of the Arms Act, further charge-sheet has been filed and the trial is likely to take some time for its conclusion. 3 Therefore, he prays for grant of bail to the applicant. 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. She further submits that the applicant is allegedly involved in the commission of theft, and the applicant in his memorandum statement, himself accepted that he was present at the spot, further the applicant has one criminal antecedent of the year 2023 under Sections 341, 392 of IPC and Section 25, 27 of the Arms Act, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 24.09.2025, the fact that though the applicant allegedly involved in the commission of theft, and accepted in his memorandum statement that he was present at the spot, but considering the fact that no seizure has been made from the possession of present applicant and he has only one criminal antecedent, which is of the year 2023 under Sections 341, 392 of IPC and Section 25, 27 of the Arms Act, further charge-sheet has been filed, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 4 8. Let the Applicant-Vikas Suryavanshi, involved in Crime No. 534/2025 registered at Police Station Ratanpur, District : Bilaspur (C.G.) for the offence punishable under Sections 331(4), 305 of BNS, 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. (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 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil