1 2026:CGHC:4947 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 967 of 2026 Vishnu Mandal S/o Shri Sanjay Manndal Aged About 23 Years R/o Maharajpur Bazar, Sahebganj, Jharkhad, District Jharkhad ... Applicant(s) versus State Of Chhattisgarh Through Police Station Telibandha Raipur Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Gajanand Ratre, Advocate. For Respondent(s) : Ms. Ritika Verma. Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/01/2026 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. 418/2025 registered at Police Station Telibandha Raipur (C.G.) for the offence punishable under Sections 303(2), 134, 112(1) r/w 3(5) of BNS. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 22.06.2025 at about 9:00 a.m., the complainant was purchasing vegetables at the vegetable market situated at Telibandha, Street No. 1, while holding his mobile phone in his hand. Between 9:00 A.M. and 10:00 A.M., an unknown person suddenly snatched the mobile phone from the complainant’s hand and fled from the spot. Thereafter, an amount of ₹1,85,000/- was fraudulently transacted through UPI using the stolen mobile phone. During the course of investigation, on interrogation of suspected accused persons Kanhaiya Kumar and Vishnu Kumar Mandal, it was revealed that Deva alias Dev Kumar Mahato had sent them to Raipur for the purpose of committing mobile phone thefts. It was further disclosed that Deva alias Dev Kumar Mahato arranged their stay in a rented house belonging to Sheikh Abul and Turanjan and directed them to commit the said thefts. Accordingly, the offence was registered and investigation was carried out against the accused persons. 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 applicant. The applicant is in jail since 10.07.2025, the applicant has no criminal antecedent, further the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 3 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 allegation against the applicant is that he was the mastermind of the offence, who sent co-accused persons to Raipur for committing mobile phone thefts, arranged their stay in a rented house, and facilitated the commission of the offence, pursuant to which the complainant’s mobile phone was snatched and Rs.1,85,000/- was fraudulently withdrawn through UPI transactions. 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 10.07.2025, the fact that though the applicant allegedly conspired with co-accused, arranged their stay and directed them to commit mobile phone theft, resulting in fraudulent UPI transaction of Rs.1,85,000/-, but considering the fact that the applicant has no criminal antecedent and the charge-sheet has been filed, 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. 8. Let the Applicant-Vishnu Mandal, involved in Crime No. 418/2025 registered at Police Station Telibandha Raipur (C.G.) for the 4 offence punishable under Sections 303(2), 134, 112(1) r/w 3(5) of BNS, 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 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 5 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