1 2026:CGHC:2780 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 450 of 2026 • Dinesh Dewar S/o Bheema Dewar Aged About 19 Years R/o Kargil Chowk, Dewar Para, Arjunda, Word No. 15, P.S. Arjunda, Distt. Balod, Chhattisgarh. ... Applicant versus • State of Chhattisgarh Through P.S. Padmanabhpur, Distt. Durg, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Virendra Kashyap, Advocate For Respondent/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 177/2025, registered at Police Station – Padmanabhpur, District – Durg (C.G.) for the offence punishable under Sections 303(2), 111(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.19 10:56:27 +0530 2 2. The case of the prosecution, is that the complainant lodged by the complainant alleging theft of a motorcycle on the night of 31.05.2025 from Subhash Nagar, Durg by unknown persons. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and only on the basis of memorandum statement of co- accused, present applicant has falsely implicated in crime in question. He further submits that nothing has been seized from the possession of the present applicant and there are four criminal antecedents registered against the present applicant including the present case and details of the same are mentioned at paragraph 4(a) in the bail application. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 14.07.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that charge-sheet has been filed in the present case and there are four criminal antecedents including the present case, it appears that applicant is a habitual offender, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the 3 applicant and the fact that only on the basis of memorandum statement of the co-accused, present applicant has implicated in the present case and nothing has been seized from the possession of the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 14.07.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Dinesh Dewar involved in Crime No.177/2025, registered at Police Station – Padmanabhpur, District – Durg (C.G.) for the offence punishable under Sections 303(2), 111(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (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 4 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 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 vaishali