1 2026:CGHC:10561 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1018 of 2026 Shakala @ Muhfarra @ Santosh Sahu S/o Late Ramkumar Sahu Aged About 20 Years R/o Koriyapara, Railway Line Tifra, Police Station Sirgitti, District Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through - The Station House Officer, Police Of Police Station Sirgitti, District Bilaspur (C.G.) ... Non-Applicant For Applicant : Ms. Chandra Kumar Navrang, Advocate. For Non-Applicant/State : Ms. Nupur Trivedi, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 28.02.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 72/2025, registered at Police Station – Sirgitti, District - Bilaspur (C.G.) for the offence punishable under Sections 331(4) and 305 of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution story in brief, on the intervening night of 11.02.2025 and 12.02.2025, the present applicant, along with other accused persons, entered the shop of the complainant, namely Nitin Verma, and stole articles from the shop as well as cash amounting to Rs. 10,000/-. Therefore, the aforesaid crime was registered, and a charge PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.02.28 17:33:52 +0530 2 sheet has been filed before the concerned Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the FIR has been registered against the unknown persons and the present applicant has been implicated only on the basis of memorandum statement, further the charge-sheet has already been filed, the applicant is in judicial custody since 17.02.2025, and he has two previous criminal antecedents in which the applicant has been granted bail. It is further contended that the trial is likely to take a considerable period for its conclusion. Therefore, prayer has been made for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposed the bail application and submitted that the charge sheet has been filed in the present case. She further submitted that the applicant has 09 previous criminal antecedents, therefore, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that the FIR was registered against unknown persons and the present applicant has been implicated only on the basis of a memorandum statement, further considering that the applicant has nine previous criminal antecedents, out of which in two cases he is on bail and some cases are old and stale in nature, also taking into account that the charge- sheet has been filed, the applicant is in custody since 17.02.2025, and the conclusion of the trial is likely to take considerable time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 3 7. Accordingly, the bail application is allowed. Let the applicant - Shakala @ Muhfarra @ Santosh Sahu, involved in Crime No. 72/2025, registered at Police Station – Sirgitti, District - Bilaspur (C.G.) for the offence punishable under Sections 331(4) and 305 of Bharatiya Nyaya Sanhita, 2023, 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 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 4 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