1 2026:CGHC:22332 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4398 of 2026 Nand Kumar Kashyap S/o Ramavatar Kashyap Aged About 23 Years R/o Village- Khapri, Tahsil- Pamgarh, Police Station- Mulmula, District- Janjgir-Champa (C.G.) ... Applicant versus State of Chhattisgarh Through- The Station House OfÏcer, Police Station- Mulmula, District- Janjgir-Champa (C.G.) ... Non-Applicant For Applicant : Mr. Paras Mani Shriwas, Advocate For Non-Applicant/State : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.05.2026 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. 61/2026 registered at Police Station- Mulmula, District- Janjgir-Champa, (C.G.) for the offence punishable under Sections 331(4), 305(a) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story in brief, is that on 16.02.2026, the complainant namely Om Prakash Sahu lodged a report at Police Station Mulmula stating therein that during the intervening night of RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 15.02.2026 to 16.02.2026, between 11:00 PM and 7:00 AM, some unknown persons broke the lock of his house and committed theft of gold and silver ornaments along with cash amounting to Rs.90,000/-. During the course of investigation, the present applicant was implicated as an accused in the crime in question and thereafter he was arrested by the concerned prosecution authorities on 03.04.2026. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent, reputed person and has not committed any offence as alleged against him and he has falsely been implicated in the present crime only to secure the real offender. It is further submitted that the co-accused persons are close friends of the applicant and they were made accused in similar nature of offences and during the course of interrogation, the prosecution authorities allegedly tortured them and on the basis of their memorandum statement, the present applicant has been implicated in the crime in question. He further submits that the complainant is habitual of lodging false and forged reports against several persons in similar nature of offences and thereafter recovering money from them and the concerned prosecution authorities have also helped him in such activities. It is also submitted that during the course of seizure, no cash amount, article or incriminating material has been recovered from the exclusive possession of the applicant and he has falsely been implicated only to fill up the lacuna in the prosecution case. He further submits that the present applicant has no previous criminal antecedents, the charge-sheet has been filed before the competent 3 Court, he is in jail since 03.04.2026, 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 has actively participated in the commission of the alleged offence and during the course of investigation, sufÏcient material has been collected against him connecting him with the crime in question. It is further submitted that memorandum statements of the co-accused persons clearly implicate the present applicant and pursuant thereto, cash amount of Rs.5,000/- has also been recovered from his possession. She further submits that the offence is serious in nature involving house-breaking and theft of gold and silver ornaments along with cash amounting to Rs.90,000/-, therefore, looking to the gravity of the offence and the material available on record, the applicant is not entitled to be released 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 present applicant has been implicated in the crime in question on the basis of memorandum statement of co-accused persons and cash amount of Rs.5,000/- has also been recovered from his possession, however, considering the 4 fact that no other stolen articles, gold or silver ornaments have been recovered from the exclusive possession of the applicant, further the fact that the investigation has already been completed and charge-sheet has been filed before the competent Court, he has no previous criminal antecedents, the applicant is in jail since 03.04.2026 and the final conclusion of trial is likely to take some considerable time, therefore, without commenting anything on 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 - Nand Kumar Kashyap, involved in Crime No. 61/2026 registered at Police Station - Mulmula, District- Janjgir-Champa, (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 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 5 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