Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 17634 (CHH)

JAI VERMA v. STATE OF CHHATTISGARH

MCRC/705/2026 · 2026-03-01

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:10758 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 705 of 2026 Jai Verma S/o Lachchhuram Verma Aged About 18 Years R/o Village Bhaisapasra, Police Station - Balodabazar, District- Balodabazar-Bhatapara C.G. ... Applicant versus State of Chhattisgarh Through The Police Station Balodabazar, District- Balodabazar-Bhatapara C.G. ... Non-applicant For Applicant : Mr. Basant Kaiwartiya, Advocate. For Non-applicant/State : Mr. Saurabh Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.03.2026 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. 1133/2025 registered at Police Station - Balodabazar, District- Balodabazar- Bhatapara (C.G.), for the offences punishable under Sections 331(4) and 305 of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, on 17.11.2025, the complainant, Rajneesh Kumar Kesharwani, appeared at Baloda Bazar Police Station and lodged a report stating that he owned a shop named "Raja Sona Chandi" located on Mandi Road, Baloda Bazar. On 16.11.2025 at about 8:30 p.m., he closed the shop and went home. On 17.11.2025 at about 8:30 a.m., when his younger brother, Ravi, went to open the shop, he noticed that the lock PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.03.02 17:22:18 +0530 2 of the shop was broken and the shutter was raised. His brother informed him about the incident. Upon receiving the information, he went to the shop and found that some unknown thief had stolen four silver plates weighing 700 grams, five silver glasses weighing 100 grams, five silver bowls, 1200 grams of silver kept for repair work, 1.5 grams of gold, and cash amounting to Rs.10,000, with a total value of Rs.3,50,000. On the basis of the complainant’s report, an offence under Sections 331(4) and 305 of the BNS was registered against an unknown person at Baloda Bazar Police Station, and the case was taken up for investigation. During the course of investigation, the present applicant was identified on the basis of his memorandum statement, arrested, and 290–300 grams of silver lachcha and 80 grams of silver lachcha were seized from his possession. Accordingly, the crime was registered and the present applicant was arrested. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the aforesaid case. He further submits that the applicant has one previous criminal antecedent which is disposed of. He also submits that the charge-sheet has been filed and he is in jail since 29.11.2025. Therefore, the present applicant is also entitled to be released on regular bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted in the present case. He further submits that the case diary reveals that the applicant/accused is charged with committing theft in a jewellery shop at night by breaking the lock, therefore he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, the nature of allegations levelled against the applicant, and the fact that the applicant has one previous criminal antecedent which is disposed of further the charge-sheet has been filed and he is in jail since 29.11.2025, conclusion of the trial may take some more time, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the Applicant – Jai Verma, involved in Crime No. 1133/2025 registered at Police Station - Balodabazar, District- Balodabazar-Bhatapara (C.G.), for the offences punishable under Sections 331(4) and 305 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his 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 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 4 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti