1 2026:CGHC:8799 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1629 of 2026 Tufan Sahu S/o Shri Ramesh Sahu Aged About 19 Years R/o Shyam Nagar Pardi, P.S. Pardi, District Nagpur (Maharashtra) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, P.S. Chowki- Chichola, P.S. Churiya, District Rajnandgoan C.G. ... Non-applicant For Applicant : Mr. Pranav Tiwari, Advocate For Non-applicant/State : Ms. Anusha Naik, Deputy Govt. Advocate Hon'ble Shri 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. 263/2025 registered at Police Station- Churiya, District Rajnandgoan, (C.G.) for the offence punishable under Sections 305(a), 331(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that the complainant, Shyam Sundar Sahu, in his written complaint stated that certain unknown RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 persons had broken the lock of the shop shutter and committed theft of cash amounting to Rs.1,20,000 kept in the shop locker (cash box). On the basis of the said complaint, an offence under Sections 305(a), 331(4), and 3(5) of the Bharatiya Nyaya Sanhita was registered against unknown persons. During the course of investigation, the present applicant, along with two other co- accused persons, was arrested in connection with the said offence. Hence this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has not committed any act which would justify his conviction under the alleged sections. It is further submitted that there is no direct evidence connecting the applicant with the alleged offence and the entire prosecution case is based merely on suspicion and conjectures. He also submits that no recovery of the alleged stolen amount has been effected from the possession of the present applicant and there is no legally admissible material available on record to establish the involvement of the applicant in the commission of the alleged offence. He further submits that similarly situated co-accused person, namely, Uttam Sahu has already been granted bail by this Court vide order dated 05.02.2026 in MCRC No. 1301/2026. He also submits that the applicant has no criminal antecedents, and he is in jail since 18.11.2025, the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant on the ground of parity. 3 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. It is further submitted that though the applicant has no criminal antecedents, a recovery of cutter machine has been made from his possession during the investigation. Therefore, considering the said recovery and the nature of the allegations, 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, the fact that though the present applicant and other co-accused had broken the lock of the shop shutter and committed theft of cash amounting to Rs.1,20,000 kept in the shop locker and from the possession of the present applicant one cutter machine has been seized, but other co-accused person, namely, Uttam Sahu has already been granted bail by this Court vide order dated 05.02.2026 in MCRC No. 1301/2026, and the case of present applicant is identical to that of the co-accused person, further the applicant has no criminal antecedents, the charge-sheet has been filed in the present case and he is jail since 18.11.2025, the conclusion of the trial will take some more time, hence, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 4 7. Let the Applicant – Tufan Sahu, involved in Crime No. 263/2025 registered at Police Station- Churiya, District Rajnandgoan, (C.G.) for the offence punishable under Sections 305(a), 331(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two local 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 5 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. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan