1 2026:CGHC:23758 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4702 of 2026 Alisha Bhagat D/o Raju Ram Bhagat Aged About 29 Years Caste - Uraon, R/o Village - Bagharkona, Police Station - Jashpur, District - Jashpur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Office-In-Charge, Police Of Police Station - Narayanpur, District Jashpur Chhattisgarh ... Non-applicant(s) For Applicant : Mr. Sanjeev Kumar Sahu, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.06.2026 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. 114/2025 registered at Police Station- Narayanpur, District- Jashpur (C.G.) for the offence punishable under Sections 331(4), 305(A), 3(5) of BNS 2023. 2. As per prosecution story, in brief is that the complainant, Sushma, lodged a report stating that on 27.08.2025, she along with her KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 husband and nephew Nikunj had gone to their old house situated at Rainidand. At Rainidand, the main door lock was opened by her nephew Nikunj. Upon entering the house, he found that the latch of the inner door had been broken. Thereafter, they inspected the house and found that cash amounting to ₹15,00,000/- and a gold coin, which had been kept inside a VIP suitcase placed in a divan, had been stolen. During interrogation, Milan Nikunj disclosed that, on the instigation of Anil Pradhan, the theft had been committed and that the stolen gold had been sold with the assistance of other co- accused persons and the proceeds were utilized for food and other expenses. On the basis of the report lodged by the complainant, Crime No. 114/2025 was registered at Police Station Narayanpur against accused persons namely Milan Nikunj, Anil, Alisha, Lankesh, Anmol and Abhishek for offences punishable under Sections 331(4), 305-A and 3(5) of the Bharatiya Nyaya Sanhita (BNS). After completion of investigation, the charge-sheet was filed before the competent Court. The case is presently fixed for arguments on framing of charges. As per the First Information Report and the memorandum statement of the applicant/accused Alisha Bhagat annexed with the case diary, the incident occurred during the night intervening 26.08.2025 and 27.08.2025 between 9:30 PM and 11:00 PM. It is alleged that the main accused, Milan Nikunj, by breaking open the lock affixed to the door of the residence of his uncle Vijay Nikunj situated at Keradih, Rainidand, with the aid of a crowbar-like iron rod, committed theft of jewellery and cash kept inside a divan and 3 concealed the stolen property. From the documents annexed with the case record, it appears that the stolen property consisted of two gold biscuits weighing 1 kilogram each, seventeen gold biscuits weighing 100 grams each, seven gold biscuits weighing 10 grams each, one gold biscuit weighing 50 grams, one gold biscuit weighing 20 grams, one gold piece wrapped in paper, and cash amounting to ₹15,00,000/-. The material available on record prima facie indicates that the applicant/accused Alisha Bhagat actively assisted the main accused Milan Nikunj in the commission of the offence. Accordingly, aforesaid offences were registered against accused persons. 3. Learned counsel for the applicant submits that the present applicant is an innocent lady and has been falsely implicated in the present case. The applicant has not committed any act as alleged by the prosecution and no stolen property or incriminating article has been recovered from her possession. It is further submitted that the alleged incident occurred on 27.08.2025, whereas the FIR was lodged on 05.12.2025, resulting in an unexplained and substantial delay, which creates serious doubt regarding the prosecution story. The applicant is a 29-year-old unmarried woman, having no criminal antecedents and is a first-time offender. At the time of the alleged incident, she was not present at the place of occurrence. The applicant is in judicial custody since 22.12.2025 and the trial is likely to take considerable time for its conclusion. It is also submitted that four co-accused persons are still absconding. Therefore, considering the facts and circumstances of the case, the applicant deserves to be enlarged on bail. 4 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the present case relates to a serious offence of house-breaking and theft. It is submitted that the main accused, Milan Nikunj, in conspiracy with her friends i.e. co- accused persons, orchestrated the theft in his own house and facilitated the commission of the offence. During the incident, cash amounting to ₹15,00,000/-, gold ornaments and silver ornaments were stolen. It is further submitted that the present applicant was one of the associates of the main accused and was found in the company of the co-accused persons involved in the crime. During investigation, an amount of ₹4,300/- was recovered from the possession of the present applicant, which prima facie indicates her involvement in the offence. Although the applicant has no criminal antecedents but considering the nature and gravity of the offence, the substantial value of the stolen property, the criminal conspiracy alleged against the accused persons and the material collected during investigation, the applicant is not entitled to be enlarged 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, the nature and gravity of the allegations, period of detention of the applicant since 23.12.2025 and the fact that the applicant is a 29- year-old unmarried lady having no criminal antecedents and further the fact that only an amount of ₹4,300/- has been recovered from her possession, the filing of the charge-sheet before the competent 5 Court and further considering that the trial is likely to take considerable time for its conclusion, therefore, without commenting on the merits of the case, this Court is inclined to allow the application. 7. Accordingly the bail application of the applicant is allowed. 8. Let the Applicant – Alisha Bhagat, involved in Crime No. 114/2025 registered at Police Station- Narayanpur, District- Jashpur (C.G.) for the offence punishable under Sections 331(4), 305(A), 3(5) of BNS 2023, be released on bail on furnishing 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 she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on 6 the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, 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 her in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- S(Ramesh Sinha) Chief Justice Kunal