1 2026:CGHC:1193 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 109 of 2026 Sanjay Soni @ Billi S/o Ganesh Soni Aged About 20 Years R/o Daihanpara Devnagar Koni P.S. Koni, District : Bilaspur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through - P S Sirgitti, Bilaspur, District : Bilaspur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Vijay Shankar Mishra, Advocate For Non-Applicant/State : Ms. Nupur Trivedi, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 357/2025, registered at Police Station – Sirgitti, Bilaspur, District : Bilaspur, (C.G.) for the o=ence punishable under Sections 331(4), 305(A) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The facts of the case, in brief, are that on 09.07.2025, the applicant had gone to Ujjain along with her family to visit Shri Mahakaleshwar Temple. Upon returning to her house on 12.07.2025 at about 03:00 p.m., she found that the lock of the main door was broken and, on entering the house, noticed that the lock of the cupboard was also RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 broken. It was discovered that eight pairs of silver anklets, two silver chains, eight pairs of silver toe rings, one silver saree pin, six small and big silver coins, one brass coin bearing the photograph of Goddess Lakshmi, one silver spoon, Ave gold lockets, one black pearl necklace having eleven gold manchali leaves, one black and yellow pearl mangalsutra with a small gold locket, and one receipt relating to gold and silver jewellery kept in an old red bag, collectively valued at approximately Rs.80,000/-, had been stolen by some unknown person. On the basis of the complaint lodged by the applicant, First Information Report No. 357/2025 was registered against an unknown person for the o=ence under Sections 331(4), 305(A) and 3(5) of the Indian Penal Code, and during investigation, the present applicant was found involved in the said incident and was arrested on 13.07.2025. Hence, the present bail application has been Aled. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case. It is contended that no speciAc act has been attributed to the applicant. He further submits that the FIR was initially lodged against unknown persons and, although CCTV cameras were installed at the place of incident, no person could be identiAed by the prosecution as the o=enders had their faces covered with masks, which itself creates serious doubt about the prosecution story. It is further argued that the prosecution has not collected any legal or cogent evidence against the applicant, nor has any stolen article been seized from his possession, and as such, there is no 3 material to connect the applicant with the crime in question. The entire case of the prosecution is stated to be based solely on memorandum and seizure, which are weak in nature and do not constitute reliable legal evidence. It is lastly submitted that the applicant has three prior criminal antecedents and all cases has already been disposed of, the charge-sheet has been Aled, he is in jail since 13.07.2025, and the conclusion of the trial is likely to take a considerable amount of time. Therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand, the learned State Counsel opposes the present bail application and submits that the applicant has been found actively involved in the commission of the o=ence during the course of investigation. It is contended that a serious o=ence of house- breaking and theft of valuable gold and silver articles has been committed, the stolen property has been recovered at the instance of the applicant, and there is suEcient prima facie material on record connecting the applicant with the crime. She further submits that the present applicant has 03 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 material available on record. 6. Taking into consideration the facts and circumstances of the case that though the applicant has been found actively involved in the commission of the o=ence during the course of investigation, an o=ence of house-breaking and theft of valuable gold and silver articles has been committed, the stolen property has been 4 recovered at the instance of the applicant, and the applicant has three previous criminal antecedents, all of which have already been disposed of, the charge-sheet has been submitted before the competent Court and the applicant is languishing in jail since 13.07.2025, and as 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 the present case. 7. Accordingly, the bail application is allowed. 8. Let the applicant - Sanjay Soni @ Billi, involved in Crime No. 357/2025, registered at Police Station – Sirgitti, Bilaspur, District : Bilaspur, (C.G.) for the o=ence 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 sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall Ale an undertaking to the e=ect that he shall not seek any adjournment on the dates Axed 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 Axed, either personally or 5 through his counsel. In case of his absence, without suEcient 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 Axed 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 Axed 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 suEcient 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. 9. OEce is directed to provide a certiAed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan