1 2026:CGHC:5791 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1107 of 2026 Indrapal Sahu S/o Jeevanlal Sahu Aged About 23 Years R/o Village Nagoi Chowki Jatga Police Station And Tehsil Katghora District Korba Chhattisgarh ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station Darima District Surguja (C.G.) ... Non-Applicant _____________________________________________________ For Applicant :Mr. Sajal Kumar Gupta, Advocate. For Non-applicant/State :Ms. Ankita Shukla, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.02.2026 1. The applicant has preferred this 1st Bail Application under SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.02.03 14:52:27 +0530 2 Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.128/2025 registered at Police Station – Darima, District Surguja (C.G.), for the offence under Sections 331(4), 305(A), 317(2) 112 and (3)5 of the BNS, 2023. 2. Briefly stated, the prosecution case, in brief, is that the complainant, on behalf of Surbhi Women Self Help Group, Village Khala, which runs a Fair Price Shop, lodged a report at Police Station Darima alleging that in the intervening night of 06.09.2025 at about 02:00 a.m., unknown persons committed theft of ration materials from the shop. The miscreants forcibly removed 30 quintals of rice, 6 quintals of sugar, and 2 quintals of gram, valued at approximately ₹41,200/-, whereupon offence under Sections 331(4) and 305(A) of the Bharatiya Nyaya Sanhita was registered and investigation commenced. During investigation, accused Krishna Dhimar, Rafiq Khan and Pawan Kumar, who were arrested in Crime No.228/2025 of Police Station Jaynagar, disclosed their involvement in the present offence and named Raja Sonwani and Rakesh Sonwani as co-accused stating that they had conducted prior reconnaissance of the Fair Price Shop. Subsequently, accused Raja Sonwani was 3 apprehended on 02.10.2025 and during custodial interrogation, disclosed the involvement of other accused persons in the commission of the offence as well as similar thefts at other places. It further surfaced that the stolen ration articles were sold to Pawan Agarwal of Katghora and the sale proceeds were distributed among the accused each receiving about ₹5,000/-. The amount was thereafter spent and a Platinum motorcycle was used in facilitating the commission of the offence. Hence, this application. 3. Learned Advocate for the applicant submits that the present applicant is innocent and has been falsely implicated in the case. He submits that this is the first bail application and the applicant is in custody since 16.10.2025, investigation is complete and challan has already been filed; hence, no further custodial interrogation is required. He further submits that FIR was lodged against unknown persons and the implication of the applicant is solely on the basis of memorandum statements of co-accused, with no recovery effected from him. He further submits that though on the basis of one memorandum statement, 7 FIR have been registered against the applicant but out of the same, he has been granted bail by the trial Court in 4 cases and the other 3 cases have also been duly explained. He further submits that 4 co-accused Krishna Dhimar has already been granted bail by this Court vide order dated 13.01.2026 passed in M.Cr.C. No.418/2026 and conclusion of trial is likely to take quite some time, therefore, the present applicant may also be granted bail on the grounds of parity. 4. On the other hand, learned State Counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, submission of learned Counsel for the parties, further considering that no recovery was effected from the applicant on the basis of memorandum statements of co-accused, also considering that co-accused Krishna Dhimar has already been granted bail by this Court vide order dated 13.01.2026 passed in M.Cr.C. No.418/2026, further considering that he is in jail since 16.10.2025, without further commenting anything on merits, I am inclined to grant bail to him. 7. Let applicant- Indrapal Sahu involved in Crime No. No.128/2025 registered at Police Station – Darima, District Surguja (C.G.), for the offence under Sections 331(4), 305(A), 317(2) 112 and (3)5 of the BNS, 2023 be released on bail on his furnishing a personal bond with two sureties in the like 5 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 accordance with law. 8. Office is directed to send a certified copy of this order to the 6 trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Priya