1 2026:CGHC:7843 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1516 of 2026 Shivraj Tandi @ Shiva S/o Santosh Tandi Aged About 22 Years R/o V- 06, House No. 16, Valmiki Awas, P.S. Kabir Nagar, Raipur, Chhattisgarh. --- Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Kabir Nagar, Raipur, District Raipur, Chhattisgarh. ... Non-applicant(s) For Applicant : Mr. Bharat Lal Sahu, Advocate For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.02.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 218/2025, registered at Police Station : Kabir Nagar, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 331(4), 305(a) of the B.N.S. 2. As per the prosecution case, the complainant Kailash Chandra lodged a report at Police Station Kabir Nagar stating that he runs a utensils shop in the name and style of “Shri Ganesh Steel” in Aggarwal Complex, Heerapur Road, Mohaba Bazar, which he has KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 taken on rent. On 05.10.2025 at about 10:00 PM, he closed the shop, locked the shutter and went home. On the next day at around 09:00 AM, when his daughter Prachi and shop employee Rajkari opened the shop, they found the articles scattered inside and the cash drawer open. Upon being informed, he went to the shop and after checking, found that Rs. 70,000/- kept in the cash drawer and brass and bronze utensils worth approximately Rs. 80,000/- were missing. The rear shutter of the shop was found open and its lock was broken. It appeared that some unknown thief had broken the lock of the rear channel gate, lifted the shutter from one side, entered the shop, and committed theft. On the basis of the said report, Crime No. 218/2025 was registered under Sections 331(4) and 305(A) of the BNS and taken up for investigation. During the course of investigation, the memorandum statement of the applicant/accused Shivraj Tandi was recorded, wherein he stated that on the night of 05.10.2025 he met Deva Bagh, Durgesh Jagat, and Roshan Vasudev. He suggested that they commit theft in the big shop “Ganesh Steels” located beside Lalit Garage. All four agreed and went together from Valmiki Nagar to Lalit Garage. There, he switched off the garage light and brought an iron pipe with him. With that pipe, he and Deva Bagh broke the lock of the channel gate at the rear side of Ganesh Steels and entered inside the shop, while Roshan Vasudev and Durgesh Jagat stood near the channel gate. He and Deva Bagh went inside, took the cash kept in the drawer, two steel piggy banks and some brass and bronze utensils and came out. Thereafter, all four went near 3 the Valmiki Nagar temple. They broke open one steel piggy bank and counted the money taken from the drawer, which amounted to Rs. 69,300/-. They decided to divide the amount later and kept it with them. One steel piggy bank containing money was kept by Deva Bagh. The brass and bronze utensils were hidden near the Valmiki Nagar ground. He further stated that he handed over Rs. 69,300/- to Kamlesh Devangan @ Maria. On the next day, when they went to check, the brass and bronze utensils were not found at the place where they had hidden them. The iron pipe used for breaking the lock was concealed at the Valmiki Nagar ground, and he stated that he could get it recovered. 3. In the present case, memorandum statements of co-accused Roshan Vasudev, Deva Bagh, and Durgesh Jagat were also recorded, wherein they made similar statements admitting their involvement in the offence. On the basis of the memorandum of applicant/accused Shivraj Tandi @ Shiva, one iron pipe was seized. From the possession of co-accused Deva Bagh, one steel piggy bank containing Rs. 9,944/- was seized. The memorandum statement of co-accused Kamlesh Devangan @ Maria was also recorded, wherein he stated that Shivraj Tandi had informed him about committing theft at Ganesh Steels along with Deva Bagh, Roshan Vasudev, and Durgesh Jagat, and that Shivraj had given him Rs. 10,000/-, which he had already spent. 4. Learned counsel for the applicant submits that the present applicant is an innocent person and has not committed any of the offences alleged against him by the prosecution. It is contended 4 that the applicant has been implicated solely on the basis of the memorandum statements of the co-accused, which are false and baseless, and no independent or corroborative material has been collected against him. It is further submitted that none of the essential ingredients of the offences punishable under Sections 331(4) and 305(a) of the BNS are made out against the applicant. The prosecution has failed to collect sufÏcient material regarding the alleged theft, and no stolen article has been seized from the possession of the applicant. The applicant has been arrested merely on the basis of the memorandum statement without any substantive evidence. It is thus submitted that, looking to the material available on record, no prima facie case is made out against the present applicant and further the applicant is in jail since 13.11.2025 and in the present case, charge-sheet has been filed before the competent Court and further the applicant has no criminal antecedent and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 5. On the other hand, the learned State counsel opposes the bail application and submits that the present applicant is specifically named in the memorandum statement and has actively participated in the commission of the offence. As per the prosecution case, the applicant, along with co-accused persons, hatched a plan and committed house-breaking and theft in the shop “Ganesh Steels” during the night by breaking the lock of the rear channel gate with an iron pipe, entering the shop and stealing cash and brass and bronze utensils. It is submitted that, on the basis of the 5 memorandum statement of the present applicant, one iron pipe used in the commission of the offence has been recovered, which connects him directly with the crime. Further, co-accused persons have also made similar memorandum statements admitting their involvement, and part of the stolen property, including a steel piggy bank containing cash, has been seized during investigation and in the present case, charge-sheet has been filed before the competent Court, further the applicant has one criminal antecedent under the Excise Act of the year 2022 for which no explanation has been offered by the counsel for the applicant and further considering the nature of the offence, the manner in which it was committed and the recovery made at the instance of the applicant, she submits that there is sufÏcient material against the applicant and, therefore, he is not entitled to be released on bail. 6. I have heard learned counsel for the parties and perused the case- diary. 7. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant and the fact that the present applicant has one criminal antecedent under the Excise Act of the year 2022, further considering that from the possession of the applicant an iron rod/pipe allegedly used in the commission of the offence has been seized and as per the prosecution case, cash amount forming part of the alleged stolen property has also been recovered during investigation and the present applicant has been arrested mainly on the basis of memorandum statements and is in judicial custody 6 since 13.11.2025, and the conclusion of the trial is likely to take considerable time, therefore, I am inclined to grant regular bail to the present applicant. 8. Accordingly, the bail application of the applicant is allowed. 9. Let applicant, Shivraj Tandi @ Shiva, involved in Crime No. 218/2025, registered at Police Station : Kabir Nagar, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 331(4), 305(a) of the B.N.S., be released on bail on furnishing 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 7 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. 10. 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 Kunal