1 2026:CGHC:4951 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 959 of 2026 Anas Khan S/o Md. Chand Khan Aged About 24 Years R/o Naya Bus Stand Pali Police Station Pali, District Korba (C.G.) ... Applicant versus State of Chhattisgarh Through, Station House OfÏcer Dipka Police Station Dipka, District- Korba (C.G.) ... Non-applicant For Applicant : Mr. Manoj Kumar Yadav, Advocate For Non-applicant/State : Mr. Saumya Rai, Deputy Govt. Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.01.2026 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. 405/2025 registered at Police Station : Dipka, District- Korba, (C.G.) for the offence punishable under Sections 303(2), 317 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story in brief is that on 16.11.2025 the complainant, Md. Asiam, lodged a written report at Police Station Dipka alleging that during the intervening night of 15.11.2025 and 16.11.2025, RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 unknown persons committed theft of 50 top rollers and 10 bottom rollers, valued at approximately ₹70,000/-, from the CHP of SECL Dipka. On the basis of the said report, an FIR was registered against unknown persons. Subsequently, during the course of investigation, on the basis of the memorandum statement of a co- accused, the present applicant was implicated in the case. It is further stated that no criminal case has ever been registered against the present applicant earlier and, considering the likelihood of delay in completion of investigation and trial, the applicant seeks the benefit of bail. Hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant is an innocent person, a 24-year-old young man, and a permanent resident within the jurisdiction of Police Station Pali, District Korba (C.G.). It is contended that the allegations against the applicant are false and not based on true facts, and that he has been implicated solely on the basis of the memorandum statement of co-accused Jai Singh Patel, which, in the eyes of law, is a weak piece of evidence and cannot be the sole ground for denial of bail. It is further submitted that no recovery of any stolen property has been made from the possession of the present applicant, as per the case diary, only six rollers were seized from another accused, Imran Ansari, and the remaining non-recovery is attributed to the absconding of another co-accused, Yunus Khan, for which the applicant cannot be held responsible. He further submits that on the date of the alleged incident, the applicant, who is a private trailer driver, had merely parked his vehicle near Shramik Chowk, Dipka, 3 and had gone to a nearby hotel for tea, and had no knowledge whatsoever about any stolen property. It is also pointed out that similarly placed co-accused have already been granted bail by the learned Trial Court. He also submits that the applicant has no criminal antecedents, the charge-sheet has already been filed, he is in jail since 17.11.2025, his continued incarceration would serve no useful purpose, and the conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has been submitted before the competent Court in the present case. He further submits that the present applicant has been implicated during the course of investigation on the basis of the memorandum statement of the co-accused, which clearly discloses his involvement in the commission of the offence. It is further submitted that the offence relates to theft of government property from SECL, causing financial loss, and the investigation has revealed the active role of the applicant in the crime. Considering the seriousness of the allegations and the manner in which the offence was committed, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of allegations, and the material available on record, particularly that no 4 recovery of any stolen property has been effected from the possession of the present applicant, that his implication is primarily based on the memorandum statement of the co-accused, and other co-accused has already been granted bail by the learned Trial Court. Further considering the fact that the charge-sheet has already been submitted in the present case before the competent Court, the applicant has no previous criminal antecedents, and the present applicant is in jail since 17.11.2025 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let applicant, Anas Khan, involved in Crime No. 405/2025 registered at Police Station : Dipka, District- Korba, (C.G.) for the offence punishable under Sections 303(2), 317 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 sufÏcient 5 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 sufÏcient 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. OfÏce 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 Rahul Dewangan