1 2026:CGHC:9299 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 579 of 2026 Kanhaiya Lal Soni S/o Purushottam Soni Aged About 42 Years R/o Takhatpur, Current Address Maitripuram Colony, Uslapur, Tehsil And District Bilaspur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Civil Lines, District Bilaspur, Chhattisgarh. ... Respondent For Applicant : Shri Amit Soni, Advocate. For Respondent/State : Ms. Vaishali Mahilong, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/02/2026 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.99/2024 registered at Police Station Civil Lines, District Bilaspur (C.G.) for the offence punishable under Sections 420, 34 of the Indian GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.24 11:19:22 +0530 2 Penal Code, 1860. 2. Case of the prosecution, in brief, is that complainant Smt. Usha Sahu lodged a report before the concerning Police Station stating that on 14/10/2023 at around 2:30 pm, two unknown persons on a motorcycle approached her near bus stand and both the persons falsely claimed that name of the complainant was approved for a housing scheme and took her to Nehru Chowk. On the pretext of completing formalities, they deceitfully took her gold locket worth Rs.45,000 and fled away. Thereafter the complainant after delay of 2.5 months lodged a complaint and instant FIR was registered against two unknown persons for the offence punishable under section 420 and 34 of IPC. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He is a jeweller by profession and proprietor of Kanhaiya Jewellers, Ganiyari, Bilaspur, and has no connection whatsoever with the main accused persons. He would submit that only allegation against the applicant is that he purchased the alleged gold locket from the co-accused, namely Ram Prasad Yadav and Jitendra Yadav and there is no material on record to show that the applicant had any knowledge or reason to believe that the said article was stolen property. He would submit that the applicant has been implicated only on the memorandum statement of the co- accused. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 04/01/2026 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case 3 before the competent court and the applicant has no criminal antecedents. 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 of allegation levelled against the applicant, applicant has been implicated only on the memorandum statement of the co-accused, period of detention of the applicant since 04/01/2026, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Kanhaiya Lal Soni, involved in Crime No.99/2024 registered at Police Station Civil Lines, District Bilaspur (C.G.) for the offence punishable under Sections 420, 34 of the Indian Penal Code, 1860, 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 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri