1 2026:CGHC:23329 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4653 of 2026 1 - Sunita Vishwakarma W/o Manoj Vishwakarma Aged About 47 Years R/o Krishna Nagar, Supela, Bhilai, Police Station Supela, District- Durg (C.G.) 2 - Parwati Vishwakarma W/o Late Bhushan Vishwakarma Aged About 42 Years R/o Krishna Nagar, Supela, Bhilai, Police Station Supela, District- Durg (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Kurud, District- Dhamatari (C.G.) ... Respondent(s) For Applicant(s) : Mr. Rishi Sahu, Advocate For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.05.2026 1. The applicants has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 grant of regular bail, as they have been arrested in connection with Crime No.225/2025, registered at Police Station – Kurud, District – Dhamtarai (C.G.) for the offence punishable under Sections 303(2) R/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, in brief is that, it has been alleged by the complainant Aman Kumar Dubey that on 09.09.2025 at around 2 AM-3 AM 120 units of 32 mm TMT bars valued around Rs. 1,80,000/- was stolen from Central Railway TSS, Village- Kanharpuri. During investigation it was found that applicants along with co-accused Vishnu Das Manikpuri, Chandrabhushan Singh, Sheikh Faisal, T. Shiv Kumar, Omprakash Banjare and Akash Gupta has stolen the property. It was stated in the memorandum of the co-accused that the vehicle of the applicant was used in the theft. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and has been falsely implicated in this case. He also submits that applicants are the labourer to the main accused and are not involved in commission of offence. It is further contended that there are two-two criminal antecedents each registered against the present applicants and details of the same are duly explained by the counsel for the applicants. It is further submitted that the charge-sheet has been filed in this case. It is also argued that the Co-accused has already been granted 3 benefit bail by this Court on 06.05.2026 passed in MCRC No.2945 of 2026. The applicant is in jail since 09.03.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are two-two criminal antecedents each registered against the present applicants. Therefore the present applicants are not entitled for grant of benefit of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and considering the fact that applicants are only the labourers to the main accused and no theft article has been seized from the present applicants, charge-sheet has been filed against the applicant. Co-accused has already been granted benefit bail by this Court on 06.05.2026 passed in MCRC No.2945 of 2026, the applicants are in jail since 09.03.2026 and conclusion of the trial is likely to take some time, on the ground of parity, this Court is inclined to grant benefit of bail to the present applicants. 7. Let applicants, Sunita Vishwakarma & Parwati Vishwakarma, involved in Crime No.225/2025, registered at Police Station – Kurud, District – Dhamtarai (C.G.) for the offence punishable 4 under Sections 303(2) R/w S.3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), be released on bail on his furnishing a personal bond with two sureties each in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicants 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 applicants 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 them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse 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 them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 5 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 them 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 Saxena