1 2026:CGHC:21678 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4328 of 2026 Vinashak @ Master Devar S/o Gabbar Devar Aged About 26 Years R/o B.S.U.P. Colony, Kathadih, Thana Mujgahan, District Raipur Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station Tikrapara, District Raipur Chhattisgarh ... Non-Applicant For Applicant : Mr. Dinesh Vishwakarma, Advocate For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.05.2026 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. 271/2025 registered at Police Station- Tikrapara, District Raipur, (C.G.) for the offence punishable under Sections 331(4), 305 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that on 15.04.2025, the complainant namely Subhash Sahu lodged a written report before the concerned Police Station alleging that during the intervening RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 night of 14/15.04.2025, some unknown person committed theft of copper wires worth approximately Rs.1,50,000/- from his house. On the basis of the said report, an FIR was registered against unknown persons and during the course of investigation, the police arrested the present applicant and implicated him in the alleged offence. After completion of investigation, charge-sheet has been filed before the competent Court. Hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has no connection whatsoever with the alleged offence. He further submits that the applicant belongs to a poor family and was doing labour work for his livelihood and if he is kept in prolonged detention along with hardened criminals, there is every likelihood of his life and future being adversely affected. It is also submitted that no stolen property or theft article has been seized from the possession of the applicant and there is no cogent material available on record connecting him with the alleged crime. He further submits that the present applicant has no previous criminal antecedent, the charge- sheet has been filed before the competent Court, he is in jail since 07.05.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been submitted before the competent Court. She further submits that the applicant is involved in a serious offence of theft causing substantial loss to the complainant and during the course of investigation, sufÏcient 3 material has been collected against him regarding his involvement in the alleged offence. Hence, looking to the nature of allegations, the applicant does not deserve to be enlarged on 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, nature and gravity of allegation levelled against the applicant and the fact that though the applicant is involved in the commission of the alleged offence of theft, but also considering the fact that the applicant is languishing in jail since 07.05.2025, he has no previous criminal antecedents, and the charge-sheet has been submitted before the competent Court and 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. 7. Accordingly, the bail application of the applicant is allowed. Let the applicant - Vinashak @ Master Devar, involved in Crime No. 271/2025 registered at Police Station- Tikrapara, District Raipur, (C.G.) for the offence punishable under Sections 331(4), 305 and 3(5) of the 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 4 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. (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