1 2026:CGHC:8878 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1768 of 2026 • Budharu Sonwani @ Gutti S/o Jai Sonwani Aged About 19 Years R/o B.S.U.P. Colony Kachana P.S. Khamhardih, District Raipur Chhattisgarh ... Applicant versus • State of Chhattisgarh Through - Station House Officer, Police Station Mana Camp, Raipur, District Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Bharat Lal Sahu, Advocate For Respondent/State : Ms. Nupur Trivedi, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/02/2026 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.291/2025 registered at Police Station Mana Camp, District-Raipur, (C.G.) for the offence punishable under Sections 303(2), 3(5) of Bhartiya Nyay Sanhita (for short ‘BNSS’). 2. Case of the prosecution, in brief, is that the complainant lodged missing report to the concerned police station that on the date of incident the unknown persons have committed theft of vehicle from parking place and on the basis of complaint made by the complainant, the police has registered the case under Section 303(2), 3(5) of BNS against the unknown person and after the investigation, the police has arrested the present VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.20 17:38:32 +0530 2 applicant on the memorandum statement of the co-accused. 3. Learned counsel for the applicant would submit that the applicant has not committed any offence and he has falsely been implicated in offence in question. It is further submits that only on the basis of memorandum statement, applicant has falsely implicated in crime in question and no recovery has been made from the present applicant. The applicant is in jail since 01.10.2025. The charge-sheet has been filed and no further investigation is required, however, conclusion of the trial is likely to take some time. He also submits that the applicant has already been granted bail by this Court bearing crime No.369 of 2025 vide order dated 13.01.2026 in MCRC No.401 of 2026 for offence under Sections 331(4), 305(1), 3(5) as such, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application. 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, the fact that the conclusion of the trial may take some time and further that no recovery has been made from the present applicant and applicant has already been granted bail by this Court bearing crime No.369 of 2025 vide order dated 13.01.2026 in MCRC No.401 of 2026 for offence under Sections 331(4), 305(1), 3(5), therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Budharu Sonwani @ Gutti involved in Crime No. 291/2025 registered at Police Station Mana Camp, District-Raipur, (C.G.) for the offence punishable under Sections 303(2), 3(5) of Bhartiya Nyay Sanhita (for short ‘BNSS’), 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:- 3 (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 copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Vaishali