1 2026:CGHC:14125 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1767 of 2026 Khevendra Das Manikpuri S/o Pritam Das Manikpuri Aged About 19 Years R/o Near Chota Pani Tanki, Talab Para, Tekari, Mandhar, P.S. Vidhansabha, Distt. Raipur (Chhattisgarh) . ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Civil Lines Raipur, District- Raipur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Sunil Verma, Advocate. For Non-Applicant/State : Mr. Shubham Bajpai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.03.2026 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. 360/2025 registered at Police Station- Civil Lines Raipur, District- Raipur, (C.G.) for the offence punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that on 31.07.2025, the main accused Sandeep Sahu allegedly called the present applicant and RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 asked him to accompany him on his motorcycle, whereafter the applicant accompanied him. It is alleged that thereafter the motorcycle was stolen from the Shankar Nagar Post OfÏce area, on the basis of which the present crime has been registered. During the course of investigation, the police recorded the memorandum statement of co-accused Sandeep Sahu, and thereafter registered the offence under Section 303(2) of the Bharatiya Nyaya Sanhita against the applicant. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case for the said offence. It is further submitted that the implication of the applicant is solely based on the memorandum statement of co-accused Sandeep Sahu who is the main accused and no stolen vehicle or any incriminating article has been seized from his possession. It is also submitted that the applicant had no knowledge or intention to commit the alleged offence and has been roped in merely due to his association with the main accused. He further submits that the present applicant has two more criminal antecedents under the similar nature in which he has already been granted bail by this Hon’ble Court in MCRC Nos. 2424/2026 and 2475/2026, vide orders dated 18.03.2026 and 17.03.2026 respectively, the charge- sheet has been filed, the applicant is a 19-year-old daily wage labourer, is in jail since 09.01.2026, and the sole earning member of his family, and due to his prolonged incarceration, his family is facing severe financial and social hardship, and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of 3 bail to the applicant. 4. On the other hand, learned State counsel opposes the present bail application and submits that the charge-sheet has been submitted before the competent Court. He further submits that the applicant is involved in the offence, and his complicity is evident from the memorandum statement of the co-accused. It is further submitted that the applicant has two more criminal antecedents under the similar nature which shows that he is a habitual offender, therefore, the applicant is not entitled for grant of 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 that the present applicant has been made an accused only on the basis of the memorandum statement of the co-accused, coupled with the fact that no incriminating seizure has been made from his possession and further the fact that the present applicant has two more criminal antecedents under the similar nature in which he has already been granted bail by this Court in MCRC Nos. 2424/2026 and 2475/2026, vide orders dated 18.03.2026 and 17.03.2026 respectively, the charge-sheet has been filed, the applicant is a 19- year-old daily wage labourer, is in jail since 09.01.2026, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 4 7. Let the Applicant – Khevendra Das Manikpuri, involved in Crime No. 360/2025 registered at Police Station- Civil Lines Raipur, District- Raipur, (C.G.) for the offence punishable under Section 303(2) of the Bharatiya 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 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. 5 (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