1 2026:CGHC:22093 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3167 of 2026 Mohd. Sultan Sheikh S/o Niyanuddin Aged About 45 Years R/o Lakhipur, Police Station Rajmahal, District- Sahebganj (Jharkhand) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Ambikapur District Sarguja (C.G.) ... Non-Applicant For Applicant : Mr. Pushpendra Kumar Patel, Advocate For Non-Applicant/State : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.05.2026 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. 0845/2025 registered at Police Station- Ambikapur District Sarguja, (C.G.) for the offence punishable under Sections 331(4), 305(A) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant namely Vikrant Jayaswal lodged a written report at Police Station RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Ambikapur, District Sarguja, on 06.11.2025 alleging therein that on 05.11.2025 at about 09:30 PM, after closing his mobile shop, he went to his house and on the next day, upon returning to the shop, he found that unknown persons had committed theft of about 107 costly mobile phones from the shop. During the course of investigation, the present applicant was implicated in the alleged offence and was arrested on 16.11.2025 in connection with Crime No. 0845/2025 for the offence of theft. Hence, the present bail application. 3. Learned counsel for the applicant submits that the present applicant has falsely been implicated in the aforesaid case and has not committed any offence as alleged by the prosecution. It is further submitted that there is no direct allegation against the present applicant and only vague allegations have been levelled against him. He further submits that, looking to the material available on record, no prima facie case is made out against the present applicant for the offences punishable under Sections 331(4), 305(A) and 3(5) of the Bharatiya Nyay Sanhita, 2023. It is also submitted that there are total six accused persons involved in the alleged offence including the present applicant, out of whom five accused persons are still absconding and the present applicant is the only accused who has been arrested. He further submits that the statement of P.W.-1 namely Vikrant Jaiswal has already been recorded before the learned Trial Court and he has not supported the case of the prosecution. He further submits that the present applicant has no previous criminal antecedent, the charge-sheet 3 has been filed before the competent Court, he is in jail since 16.11.2025 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 present applicant is involved in a serious offence of theft wherein a total of 107 costly mobile phones were stolen from the shop of the complainant. It is further submitted that during the course of investigation, 03 stolen mobile phones have been seized from the possession of the present applicant, which clearly connects him with the commission of the alleged offence. Therefore, considering the nature and gravity of the offence and the recovery effected from the applicant, 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. Considering the facts and circumstances of the case, the nature of allegations levelled against the present applicant, the fact that a total of 107 mobile phones were allegedly stolen from the shop of the complainant and 03 mobile phones have been seized from the possession of the present applicant, as well as considering that out of total six accused persons involved in the alleged offence, five co-accused persons are still absconding and only the present applicant has been arrested, this Court is of the opinion that though the present applicant appears to be involved in the alleged 4 offence, but the statement of P.W.-1 Vikrant Jaiswal has already been recorded before the learned Trial Court and he has not supported the case of the prosecution, the applicant is languishing in jail since 16.11.2025, 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, without commenting anything on the merits of the case, 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 - Mohd. Sultan Sheikh, involved in Crime No. 0845/2025 registered at Police Station- Ambikapur, District Sarguja, (C.G.) for the offence punishable under Sections 331(4), 305(A) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two local 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. 5 (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. It is further directed that since the remaining co-accused persons are still absconding, the learned Trial Court shall separate the trial of the present applicant from the absconding co-accused persons and shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 9. 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