1 2026:CGHC:2443 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 527 of 2026 Manoj Solanki S/o Pratap Solanki Aged About 42 Years R/o P-75/25, Raghuveer Nagar, Jj Colony, Tagore Garden, Distt. Paschim Vihar, Delhi Presently Nihaal Vihar Colony, P.S. Nagloi, Distt. West Delhi, Delhi ... Applicant(s) versus State Of Chhattisgarh Through P.S. Gol Bazar, Raipur, Distt. Raipur Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Anchal Kumar Matre, Advocate. For Respondent(s) : Ms. Vaishali Malilang, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 24/2025 registered at Police Station Gol Bazar, Raipur, Distt. Raipur (C.G.) for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Sections 318(4), 3(5) of BNS. 2. Case of the prosecution, in brief, is that on the basis of the complaint lodged by the complainant lady, FIR No. 24/2025 was registered at Police Station Gol Bazar, Raipur. It is alleged that the applicant, along with other co-accused persons, was a member of a gang which dishonestly and fraudulently duped the complainant and took away her gold ornaments valued at Rs. 24,950/-. According to the prosecution, the said offence was committed by acting in concert with common intention. During the course of investigation, the applicant was implicated as an accused in the present case and the aforesaid FIR was registered against him. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that even if the seizure memos contained in the charge-sheet are assumed to be true for the sake of argument, no recovery whatsoever has been effected from the present applicant. All the alleged ornaments have been shown to be seized pursuant to the memorandum statement of the co-accused persons. However, in the same memorandum statement, one of the co-accused has stated that the ornaments were already sold to an unknown stranger for a sum of Rs. 30,000/-. Therefore, the alleged recovery shown at the instance of the co-accused is doubtful and unreliable, and no incriminating 3 material connects the present applicant with the alleged offence. The applicant is in jail since 14.07.2025, the applicant has two criminal antecedents, in one case applicant is on bail, further charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant is alleged to have acted in connivance with the co-accused as a member of a gang and, with common intention, dishonestly and fraudulently duped the complainant lady, thereby facilitating the taking away of her gold ornaments valued at Rs. 24,950/-, further the applicant has two criminal antecedents, therefore, he 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 offence, and the fact that though the applicant is alleged to have acted in connivance with the co- accused as a member of a gang and, with common intention, dishonestly and fraudulently duped the complainant lady, thereby facilitating the taking away of her gold ornaments valued at Rs. 24,950/-, but considering the period of detention of the applicant 4 i.e. since 14.07.2025 and has two criminal antecedents, further the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Manoj Solanki, involved in Crime No. 24/2025 registered at Police Station Gol Bazar, Raipur, Distt. Raipur (C.G.) for the offence punishable under Sections 318(4), 3(5) of BNS, be released on bail on his furnishing a 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 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 fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the 5 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil