1 2026:CGHC:6275 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1200 of 2026 Rajan Yadav S/o Late Bhuneshwar Yadav Aged About 31 Years R/o Ward No. 11, Hostel Para, Old Mines Bhatgaon, Police Station And Tahsil- Bhatgaon, District- Surajpur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House O4cer, Police Station- Bhatgaon, District- Surajpur (C.G.) ... Non-applicant(s) For Applicant : Mr. Ram Vifal Ram Rajwade, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Dy. Govt. Adv. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/02/2026 1. This is the 9rst bail application 9led under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 144/2025 registered at Police Station- Bhatgaon, District- Surajpur (C.G.), for the o=ence punishable under Section 305(A), 331(4), 317(2), 3(5) and 112 of Bhartiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that the complainant, Rajesh Kumar, lodged a written report at Police Station Bhatgaon alleging KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 therein that the accused persons, including the present applicant, had stolen a P.T. Box, S.D.L. Machine parts, electric wire and the gear box of an S.D.L. Machine belonging to SECL Bhatgaon Colliery. On the basis of the said report, o=ences under Sections 331(4), 305(A), and 3(5) of the BNS were registered against the applicant and other co-accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has not committed any theft of property belonging to SECL Bhatgaon Colliery, but has been arrested merely on suspicion. It is further submitted that the applicant is in jail since 06.09.2025 and he is the sole earner of his family. It is also submitted that though the applicant had one previous criminal antecedent, he has been acquitted in the said case vide order dated 11.11.2025. Therefore, considering that the charge-sheet has been 9led and the conclusion of trial is likely to take time, the applicant prays for grant of bail. 4. On the other hand learned State Counsel opposes the bail application and submits that during investigation and on the basis of memorandum statements, stolen articles including old scrap, one iron gear, an iron P.T. Box, three bearings and electronic wire were recovered in connection with the o=ence from the present applicant along with co-accused. The record shows that the present applicant, along with other co-accused, was involved in theft of SECL workshop property and su4cient incriminating evidence has been collected, leading to 9ling of the charge-sheet under relevant provisions of the BNS. As per the case diary, the applicant is a 3 habitual o=ender, hence, the applicant is not entitled for grant of 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 o=ence levelled against the applicant and the recovery made from him and further the fact that in the present case, charge-sheet has been 9led before the competent Court and the applicant had only one criminal antecedent in which he has been acquitted as the same has been explained in para 4(A) of the bail application and he is in jail since 06.09.2025, the conclusion of the trial will take some more time, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the applicant – Rajan Yadav, involved in Crime No. 144/2025 registered at Police Station- Bhatgaon, District- Surajpur (C.G.), for the o=ence punishable under Section 305(A), 331(4), 317(2), 3(5) and 112 of Bhartiya 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 9le an undertaking to the e=ect that he shall not seek any adjournment on the dates 9xed 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 4 bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date 9xed, either personally or through his counsel. In case of his absence, without su4cient 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 9xed 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 9xed 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 su4cient 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. 9. O4ce is directed to send a certi9ed copy of this order to the trial Court for necessary information and compliance. dirurt fo forthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal