1 2026:CGHC:5794 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1090 of 2026 • Sarfuddin Khan @ Guddu S/o Samsuddin Khan Aged About 47 Years R/o Sector-06, Sadak No. 51, Block No. 3d, Bhilai Nagar, District Durg Chhattisgarh (Details Of Applicant Properly Not Mentioned On Impugned Order Sheet And Correct Details Is Mentioned As Per Chargesheet) ... Applicant versus • State Of Chhattisgarh Through The S H O Police Station Deori, District - Balod Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Aman Tamrakar, Advocate For Respondent/State : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/02/2026 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.25/2025 registered at Police Station Deori, District - Balod (C.G.) under Sections 331(4), 305, 112, 238, 317(4) and 3(5) of BNS. 2. As per prosecution, in brief, is that, report has been lodged by complainant Kansa Ram Sahu, on 04.03.2025, at the residence in VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.03 17:58:45 +0530 2 village Sursuli, an unknown person broke the lock of the house at night and stole gold jewellery and other valuables, theft of the material was caused. After the crime was registered at the Deori police station, on the basis of the memorandum statement and seizure proceedings of the accused arrested in crime number 180/2025 of the Balod police station, the said accused were also arrested in crime number 25/2025 of the Deori police station. On the report of the complainant, a crime was registered against the unknown accused in the police station and the matter was taken up for investigation. During the investigation, when the accused were traced and the crime was proved against them, they were taken into custody and on the basis of their memorandum statement, the material used in the theft and the remaining amount of the theft were seized and the accused persons were arrested after incident therefore the prosecution has registered the offences under section 331(4), 305, 238, 317(4), 112 and 3(5) of the BNS 2023 "correspondence section in IPC is 457, 380, 201, 413 and 34" against the unknown person and during the investigation the police has arrested the present. Hence this bail. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case and the applicant has neither committed theft of any article. He also submits that the prosecution has not collected the sufficient material from the possession of the applicant regarding theft article. He further submits that only on the basis of merely suspicious and memorandum statement of the co-accused, he has been alleged by the prosecution against him. He further submits that co-accused has already been enlarged on bail by this Court in MCRC No.9471 of 2025 vide order 3 dated 20.01.2026. The applicant has three criminal antecedents and all are mentioned in the bail application at paragraph No.4(a) and applicant is in jail since 18.09.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that applicant has three previous criminal antecedent, it appears that applicant is a habitual offender, therefore, applicant he 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 and also considering the fact that prosecution has not collected the sufficient material from the possession of the applicant regarding theft article, co-accused has already been enlarged on bail by this Court in MCRC No.9471 of 2025 vide order dated 20.01.2026, trial is likely to take some time for its conclusion, he is in jail since 18.09.2025, looking to the detention period of the present applicant, this Court is of the view that the applicant is entitled to be released on bail in this case 7. Let the Applicant – Sarfuddin Khan @ Guddu involved in Crime No.25/2025 registered at Police Station Deori, District - Balod (C.G.) under Sections 331(4), 305, 112, 238, 317(4) and 3(5) of BNS, be released on bail on his furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 ((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 trial Court concerned for necessary information and compliance forthwith. Sd/ Sd/- (Ramesh Sinha) Chief Justice vaishali