1 2026:CGHC:5354 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 247 of 2026 Vijay Kumar Basod, Aged About 22 Years S/o Puran Lal Basod, R/o Village Lamidah, P.S. Sarai, District Singrauli (M.P.) ... Applicant versus State Of Chhattisgarh Through The Police Station Chakarbhata, District Bilaspur C.G. ... Respondent For Applicant : Shri Ritesh Verma, Advocate. For Respondent/State : Shri Soumya Rai, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/01/2026 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.272/2024 registered at Police Station Chakarbhata, Bilaspur for the offence punishable under Sections 457, 380, 413, 34 of IPC. 2. Case of the prosecution, in brief, is that the applicant has been arrested on 29.9.2025 for the alleged offence punishable under sections 457, 380, 413, 34 of IPC. The complaint was lodged on the oral complaint of complainant (Pushpendra Dewangan) before police station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.31 19:10:41 +0530 2 Chakarbhata against the unknown persons. The incident took place in between 12.6.2024 at night 8:30PM to 13.6.2024 till 6 AM in the morning. Complainant is running a jewelry shop situated at Hirri Mines where theft of ornaments namely; Anklet-100 pieces, Laccha-5 pairs, Girdle (Kardhan)- 25 pieces, Nettle(Bichiya)-500pairs, Finger ring-300 pieces, Bangles (Children)-70 pairs, Chain-50 pieces, Coins- 10 & 5 Gms- 15 pieces, Locket- 200 pieces, Bracelet 20 Pieces, Bangles- 15 pieces, Nosepin- 100 pieces, Old Jwellery-1.5 tola, Locket-5 pieces, Statue of deity, Flute and other ornaments made of gold and silver and cash of Rs. 5000/- whose total amount of Rs. 9, 00, 000/- (Nine lacs. Only). The jewelry was seized from One 'Sushant Soni' who molded the silver ornaments into Bars and gold items into Balls. He is in jail since 29.9.2025. Charge-sheet has been submitted but the trial has not been commenced yet. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that co-accused Lalman @ Badka has been granted bail by this Court in MCRC No.3441/2025 on 05/05/2025 and also one of the co-accused Manish Soni @ Sushant Soni whose bail application has been rejected by this Court in MCRC No.4264/2025 on 12/06/2025 has preferred SLP (Crl.) No.12303/2025 before the Apex Court which has been allowed by the Apex Court on 17/12/2025. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 29/09/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application 3 and he would submit that charge sheet has been filed in this case before the competent court. 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 of allegation levelled against the applicant, further the fact that co-accused Lalman @ Badka has been granted bail by this Court in MCRC No.3441/2025 on 05/05/2025 and also one of the co-accused Manish Soni @ Sushant Soni whose bail application has been rejected by this Court in MCRC No.4264/2025 on 12/06/2025 has preferred SLP (Crl.) No.12303/2025 before the Apex Court which has been allowed by the Apex Court on 17/12/2025, period of detention of the applicant since 29/09/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Vijay Kumar Basod, involved in Crime No.272/2024 registered at Police Station Chakarbhata, Bilaspur for the offence punishable under Sections 457, 380, 413, 34 of IPC, be released on bail on his furnishing a 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 4 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri