1 2026:CGHC:7661 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9243 of 2025 Ashish Das S/o Aarogya Aged About 25 Years R/o Lig 285, Amdi Nagar, Hudco Bhilai District Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer (S.H.O.) P.S. - Bhilai Nagar, District - Durg (C.G.) ...Non-applicant For Applicant : Ms. Anamika Jain, Advocate For Non-Applicant/State : Ms. Monika Jain, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 11.02.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 248/2025 registered at Police Station – Bhilai Nagar District – Durg (C.G.), for the offences punishable under Sections 331(4), 305, 317(5), 112, 3(5) of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.12 10:43:59 +0530 2 2. The prosecution story in brief is that the Complainant/Timir Bhattacharji lodged an FIR No. 248/2025 u/s 331(4), 305, 317(5), 112, 3(5) of BNS at P.S Bhilai Nagar, Dist. Durg (C.G.) stating that between 15.05.2025 to 05.06.2025, at HIG-59 Amdi Nagar Hudco Bhilai, unknown thieves stole laptop, old AC, 2 empty cylinders, utensils received in wedding, clothes, gold ornaments and other household items from his residence. 3. It is submitted on behalf of the applicant that applicant has been falsely implicated in the present case due to personal enmity and previous disputes, and he had no role in the alleged theft. The co- accused persons, namely Shashank, Jackie Chandel and Jitendra Chandel, have deliberately shifted the blame upon the applicant to save themselves from prosecution. There is no direct evidence connecting the applicant with the alleged offence and the prosecution case rests merely on circumstantial evidence and statements of co- accused, which are not reliable. The investigation has already been completed and the charge-sheet has been filed; therefore, no further custodial interrogation of the applicant is required. The applicant has been in judicial custody since 20.06.2025 and the trial is likely to take considerable time to conclude, and his continued detention would cause undue hardship. It is further submitted that the applicant is the sole earning member of his family and his prolonged incarceration is causing severe financial and social hardship to his dependent family members, therefore he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has 3 already been filed in the case. It is further submitted that, apart from the criminal cases disclosed by the applicant in the bail petition, he is involved in five more criminal cases. In view of his criminal antecedents and overall criminal background, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and further taking into account that the charge-sheet has already been filed before the competent Court and that the applicant has remained in judicial custody since 20.06.2025, and as the conclusion of the trial is likely to take some time, this Court is inclined to grant regular bail to the present applicant. 7. Let the Applicant – Ashish Das, involved in Crime No. 248/2025 registered at Police Station – Bhilai Nagar District – Durg (C.G.), for the offences punishable under Sections 331(4), 305, 317(5), 112, 3(5) of the BNS, be released on bail on his furnishing 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 sufficient cause, the trial court may proceed against his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail 4 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 sufficient 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. 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 Vaibhav