1 2026:CGHC:23457 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4891 of 2026 Roshan Bareth S/o Late Santosh Bareth Aged About 18 Years Resident Of Village Hardi (Mahamaya) P.S. Balouda District- Janjgir-Champa Chhattisgarh, ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Balouda, District- Janjgir-Champa (C.G.) ... Respondent For Applicant : Mr. Rawindra Prakash Yadav, Advocate For Respondent-State : Ms. Vaishali Mahilong, Dy. Govt. Advocate along with Mr. Nitansh Jaiswal, Dy. Govt. Advocate Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 21.05.2026 1. Applicant has filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No.92/2026 registered at Police Station –Balouda, District Janjgir-Champa, (C.G.) for offence punishable under Section 331(4), 305(A), 112(1) and 3(5) of B.N.S. 2 2. Case of prosecution in brief is that, complainant Daoram Sahu lodged a report in the concerned Police Station on 28.02.2026 stating that on 17.01.2026 after locking his house he went to his relative house and when he returned back on 27.02.2026. Upon opening the house he found that the articles kept in his almirah were lying on the floor as also the silver and gold ornaments as also cash of Rs. 20,000/- were found missing. Based on report crime was registered against an unknown person, and during investigation of the case, applicant was arrested on 10.03.2026. 3. Learned counsel for applicant submits that applicant has been falsely implicated in the crime, he has not committed offence as alleged. He further submits applicant has been made accused only on the basis of memorandum statement of co-accused Ganesh Kewat. There is no seizure of any incriminating articles from the possession of applicant but for a sum of Rs. 3400/-. Applicant is a young boy aged about 18 years. Except one similar nature of offence based on the report of other person has been registered only after arrest of the applicant in this offence. 4. On the other hand, learned counsel for State opposes the submission made by learned counsel for the applicant and submits that applicant along with other co-accused persons has committed the offence as alleged. She however do not dispute the submission made by learned counsel for the applicant that there is no seizure of theft article from the possession of the applicant, but for a cash which is part of theft cash amount. Upon asking, she submits that after investigation charge-sheet has been filed. She also pointed out from the case diary that it is appearing that one Dinesh Nirmalkar has been enlarged on bail by the 3 Sessions Court on 18.03.2026 against whom also there are similar allegation and from his possession there was seizure for a sum of Rs. 2500/-. 5. I have heard learned counsel for the parties and perused the documents enclosed along with the bail application. 6. On due consideration of the submission made by learned counsel for the respective parties, nature of allegation as also the tender age of the applicant i.e. only 18 years, without commenting anything on the merits of the case, I am inclined to allow this application. 7. Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that- (a) 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. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through him counsel. In case of him absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) 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 4 against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (d) 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. Certified copy as per rules. sd/- (Parth Prateem Sahu) JUDGE alfiza ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.05.22 12:56:49 +0530