1 2026:CGHC:10052 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1935 of 2026 Dinesh Kumar @ Golu Badi S/o Basant Ram (Alias Baleshwar Singh Badi) Aged About 22 Years Caste - Gond (Badi), R/o Village Nakna, Police Station And Tehsil - Sitapur, District Sarguja Chhattisgarh (Details As Per Charge- Sheet) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Manipur, District - Sarguja Ambikapur Chhattisgarh ... Non-applicant For Applicant : Mr. Kamlesh Patel, Advocate. For Non-applicant/State. : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.02.2026 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. 237/2025 registered at Police Station Manipur, District – Sarguja (C.G.), for the offences punishable under Sections 303(2), 317(2), 3(5) and 111 of the Bhartiya Nyay Sanhita, 2023. 2. The prosecution story, in brief, is that the complainant, Santosh Tirkey, lodged a report at Police Station Manipur alleging that on the intervening ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.02.27 11:06:36 +0530 2 night of 28.08.2025 and 29.08.2025, his motorcycle (Bajaj Pulsar 125 CC, bearing registration No. CG-29-AH-3215) was stolen by some unknown person from outside his rented room at Sandbar, Ambikapur. Based on this report, an FIR was registered against unknown persons. During the investigation of a separate case (Istagasa No. 01/2025) at Police Station Manipur, District Sarguja (Ambikapur), the said motorcycle was recovered from the possession of co-accused Shivcharan. It is alleged that co-accused Shivcharan and Jagjiwan Kujur gave memorandum statements stating that they had purchased the stolen motorcycle from the present applicant. Based solely on these memorandum statements, the applicant was arrested on 25.12.2025 and has been in judicial custody since then. 3. Learned counsel for the applicant submits that the applicant is an innocent person who has been falsely implicated in the case. He further submits that although the applicant has four criminal antecedents, one case has already been disposed of, in one case he has already been granted bail, and the other two cases are pending consideration, for which explanations have been provided in paragraph 4(a) of the present bail application. He further submits that no recovery of the alleged stolen vehicle was made from the possession of the applicant, that the applicant has been in jail since 25.12.2025, and that the conclusion of the trial may take some time. Therefore, he prays for grant of regular bail to the applicant. 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 before the competent Court in the present case. He further submits that the present applicant has 04 criminal antecedents of the similar nature, shows that the applicant is a habitual offender, 3 therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, and the fact that though the applicant has four criminal antecedents, one case has already been disposed of, in one case he has already been granted bail, and the other two cases are pending consideration, for which explanations have been provided in paragraph 4(a) of the present bail application and further considering that no recovery of the alleged stolen vehicle was made from the possession of the applicant, the charge-sheet has already been submitted before the competent Court in the present case, that the applicant has been languishing in jail since 25.12.2025, and that the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant – Dinesh Kumar @ Golu Badi, involved in Crime No. 237/2025 registered at Police Station Manipur, District – Sarguja (C.G.), for the offences punishable under Sections 303(2), 317(2), 3(5) and 111 of the Bhartiya Nyay Sanhita, 2023, 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 4 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 his 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 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek