1 2026:CGHC:10555 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1349 of 2026 Pratik Soni S/o Late Ram Yudhishtir Soni Aged About 37 Years R/o Vijay Nagar Gali No. 05, Lampi P.S. Vijay Nagar, District- Jabalpur M.P. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Devendra Nagar, Raipur District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Rekhraj Baghel, Advocate. For Non-applicant/State. : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.02.2026 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. 178/2025 registered at Police Station Devendra Nagar, District – Raipur (C.G.), for the offences punishable under Sections 303(2) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that the complainant lodged a missing report at the concerned police station stating that, on the date of the incident, unknown persons had committed theft of his Activa vehicle from the parking place. On the basis of the complaint made by the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.02.28 17:47:11 +0530 2 complainant, the police registered a case under Section 303(2) of the B.N.S. against unknown persons. After the investigation, the police arrested the present applicant on the basis of a memorandum statement. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case. He further submits that the applicant has been implicated solely on the basis of the memorandum statements of the co-accused persons in connection with the present case. He also submits that the police have not seized any incriminating article from the applicant. He further submits that the applicant has been in jail since 31.08.2025 and that the conclusion of the trial may take some time. Therefore, he prays for the 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 03 criminal antecedents, shows that the applicant is a habitual offender, 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 considering that although the applicant has 03 criminal antecedents under the IPC, the charge-sheet has already been filed before the competent Court in the present case and the applicant has been in judicial custody since 31.08.2025. Having regard to the period of detention already undergone by the applicant, and further considering that the conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present 3 case. 7. Let the Applicant – Pratik Soni, involved in Crime No. 178/2025 registered at Police Station Devendra Nagar, District – Raipur (C.G.), for the offences punishable under Sections 303(2) of the Bhartiya Nyaya 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 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 4 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