1 2026:CGHC:1753 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 326 of 2026 Krishna Dhimar S/o Mahendra Dhimar, Aged About 25 Years R/o Village Darain, In Front Of Primary School, Post- Kharihatola, Police Station Siddhi, District Shahdol (Madhya Pradesh) ... Applicant versus State Of Chhattisgarh Through Police Station Udaipur, District Surguja C.G. ...Non-applicant For Applicant : Mr. Sangeet Kumar Kushwaha, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 12.01.2026 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. 83/2025 registered at Police Station - Udaipur District – Surguja (C.G.), for the offences punishable under Sections 331(2) and 305(a) of the BNS. 2. The prosecution story in brief is that in the night of 15.05.2025 VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.13 11:42:40 +0530 2 between 12:00 a.m. to 4:00 a.m, that 20 sacks of gram and 3 sacks of sugar were stolen from the government fair price shop of Gram Panchayat Mudgaon. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that he is a driver by profession and his father had purchased a vehicle for him, which the applicant uses for freight transportation on rent solely for earning his livelihood, and except for delivering goods from one place to another in the ordinary course of his business, he has no role whatsoever in the alleged offence, that the co-accused, Pawan Agrawal, has already been granted bail by the learned Remand/Trial Court; that the alleged offences are triable by a Magistrate and the applicant has been in judicial custody since 29.10.2025; that the applicant undertakes to appear before the Trial Court during the course of trial and shall not misuse the liberty of bail; that the trial is likely to take considerable time for its conclusion and therefore continued incarceration of the applicant would serve no useful purpose; that the applicant is a permanent resident of the address mentioned in the cause title and there is no likelihood of his absconding or tampering with the prosecution witnesses; and that the applicant is ready to furnish adequate surety and shall abide by all the directions and conditions that may be imposed by this Hon’ble Court while granting bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed in the present case. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and further taking into account that the charge-sheet has already been submitted before the competent Court and the applicant has remained in judicial custody since 29.10.2025, and the conclusion of the trial is likely to take some time, this Court is inclined to grant regular bail to the present applicant. 7. Let the Applicant – Krishna Dhimar, involved in Crime No. 83/2025 registered at Police Station - Udaipur District – Surguja (C.G.), for the offences punishable under Sections 331(2) and 305(a) of the BNS, be released on bail on his furnishing personal bond with two local 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 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 him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 4 (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 Vaibhav