2026:CGHC:23484 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4926 of 2026 Ashish Bande S/o Chaituram Bande Aged About 26 Years R/o Near Kukri Talab, Gudiyari, P.S.- Gudiyari, District - Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station - Sarkanda, District - Bilaspur (C.G.) ... Respondent (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Applicant : Shri Trevenee Shankar Sahu, Advocate For Respondent/State : Shri Anish Tiwari, Dy GA ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Bibhu Datta Guru Order on Board 26.05.2026 1. Heard on the application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS, 2023). This is the first bail application before this Court filed by the applicant for grant of regular bail. 2. The applicant has been arrested on 08.01.2026 in connection with Crime No.576 of 2024, registered at PS-Sarkanda, District- Bilaspur, Chhattisgarh for the offence punishable under Sections 457 and 380 of the IPC. 3. Case of the prosecution in brief is that on 24.05.2024, when the complainant returned his house from Bhilai, he found the lock of his house broke opened and also found that some unknown person has stolen a white Digitally signed by V PADMAVATHI Date: 2026.05.26 16:55:05 +0530 Mcrc 4926 of 2026 2 Jupiter Scooty, cash of Rs.20,000/-, a mixer grinder, gal cylinder, totaling an estimated value of Rs.45,000/-. He made written report to the Police Station, based upon which, FIR No.576/2024 was registered against unknown persons. During the investigation, in connection with some other crime, the alleged stolen scooty was recovered from the present applicant, and he was implicated in the present case. The Police has registered the offence under Sections 457 and 380 of the IPC, and after investigation, charge-sheet has been filed. 4. Learned counsel for the applicant would submit that there is no legally admissible evidence available on record connecting the applicant with the alleged offence of theft and he has been falsely implicated in the present case. It is further submitted that the independent witnesses examined by the prosecution have turned hostile and have not supported the prosecution story. The applicant is in judicial custody since 08.01.2026 and final conclusion of the trial is likely to take considerable time. Therefore, it is prayed that the applicant be enlarged on bail. 5. On the other hand, learned State counsel opposes the bail application, and would submit that there are three pending past criminal antecedents against the applicant. He would further submit that there is sufficient material available on record indicating the involvement of the applicant in the commission of the alleged offence. It is further submitted that merely because some of the prosecution witnesses have turned hostile, the same by itself is not sufficient to grant bail to the applicant at this stage, as the other evidence collected during investigation still supports the prosecution case. Considering the nature and gravity of the offence, applicant is not entitled for bail. Mcrc 4926 of 2026 3 6. Considering the submissions made by learned counsel for the parties, considering the gravity of offence, and nature of evidence collected by the prosecution during investigation, further, as there are pending past criminal antecedents against the present applicant, I am not inclined to release the applicant on regular bail. 7. Accordingly, bail application is rejected. Certified copy as per rules. Sd/- (Bibhu Datta Guru) JUDGE padma