1 2026:CGHC:7841 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1521 of 2026 Nirmal Mahanand S/o Ajay Mahanand Aged About 22 Years R/o Ghaspara Mata Nagar, W.R.S. Colony Khamtarai, District Raipur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Devendra Nagar, Raipur, District Raipur, Chhattisgarh. ... Non-Applicant(s) For Applicant : Mr. Bharat Lal Sahu, Advocate. For Non-Applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/02/2026 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. 133/2025 registered at Police Station- Devendra Nagar, District- Raipur (C.G.), for the offence punishable under Sections 309(2) of B.N.S. 2. Case of the prosecution, in brief, is that the complainant lodged a report at the concerned Police Station stating that on the date of the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 incident, an unknown person looted his mobile phone and thereafter ran away from the spot. On the basis of the said complaint, the police registered a case under Section 309(2) of the B.N.S. against the unknown person. During the course of investigation, the police arrested the present applicant on the basis of a memorandum statement. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has not committed any of the offences as alleged by the prosecution. It is contended that the applicant has been falsely implicated in the present case merely on the basis of a memorandum statement, which by itself has no evidentiary value, and no other cogent or reliable material has been collected against him. There are no ingredients of the offence punishable under Section 309(2) of the B.N.S. made out from the prosecution story against the present applicant. It is further submitted that the prosecution has not collected sufÏcient material with regard to the alleged loot of the said article and no incriminating article has been seized from the possession of the applicant. The applicant has neither committed the alleged act nor acted in the manner as stated by the prosecution. Looking to the material available on record, no prima facie case is made out against the present applicant. It is also submitted that the applicant has no criminal antecedents. The charge-sheet has already been filed in the matter and the conclusion of the trial is likely to take considerable time, therefore, the applicant prays for grant of bail. 4. On the other hand, learned State Counsel opposed the prayer for 3 grant of bail and submitted that, as per the prosecution story, the complainant had lodged a report stating that an unknown person had looted his mobile phone and fled from the spot, on the basis of which the case was registered under Section 309(2) of the B.N.S. During the course of investigation, the present applicant was arrested and, according to the prosecution, one mobile phone has been recovered from his possession. It is further submitted that although the applicant has no criminal antecedents and the charge- sheet has already been filed before the competent Court, the recovery of the stolen mobile phone from the possession of the applicant clearly connects him with the alleged offence. Therefore, considering the nature and gravity of the offence and the material available on record, the applicant is not entitled to be released on 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 07.08.2025 and the recovery made from him and the fact that in the present case, charge- sheet has been filed before the competent Court and the applicant has no previous criminal antecedent and no further interrogation is required and the trial is likely to take some time for its conclusion, therefore, without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. Accordingly, the bail application of the applicant is allowed. 4 8. Let the applicant – Nirmal Mahanand, involved in Crime No. 133/2025 registered at Police Station- Devendra Nagar, District- Raipur (C.G.), for the offence punishable under Sections 309(2) of B.N.S., be released on bail on his furnishing a personal bond with two 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 sufÏcient 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, 5 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. 9. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal