1 2026:CGHC:25634 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5482 of 2026 Shri Shivang Chouhan @ Rahul S/o Shri Indrajeet Chouhan Aged About 19 Years R/o Village Soni Mohalla, Ward No. 03, Gandhi Nagar, Ambikapur, P.S. Gandhinagar, Ambikapur, District- Sarguja Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Gandhinagar, District- Sarguja (C.G.) ... Respondent(s) For Applicant(s) : Mr. Raj Kumar Sahu, Advocate through Legal Aid For Respondent(s) : Ms. Nupur Trivedi, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/06/2026 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. 389/2025 registered at Police Station Gandhinagar, District- Sarguja (C.G.) for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Sections 305(a), 331(4), 3(5) of BNS. 2. Case of the prosecution, in brief, is that on the date of the incident, unknown persons allegedly broke open the shutter of the complainant's showroom and committed theft of engine oil, chain lube and other articles kept therein. Based on the report lodged by the complainant, the police registered the offence under Sections 305(a), 331(4) and 3(5) of the B.N.S. During the course of investigation, the present applicant was implicated and arrested allegedly on the basis of suspicion and other material collected by the investigating agency. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence, he is not named in the FIR only on the basis of mere suspicion he has falsely been implicated in the offence in question. He further submits that the applicant is working as a labour in the said showroom and performing his duty sincerely since 10 years. The applicant is in jail since 12.07.2025, the applicant has one criminal antecedent of the year 2023 of identical nature, further the 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 was allegedly involved in the commission of theft from the complainant's showroom, wherein engine oil, chain lube and other articles were 3 allegedly stolen after breaking open the shutter of the showroom. So far as criminal antecedent of the applicant is concerned, the applicant has one criminal antecedent of the identical nature of the year 2023, therefore, 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 offence, and the fact that though the applicant allegedly involved in the theft committed in the complainant's showroom and was arrested during the course of investigation, but considering the fact that the period of detention of the applicant in jail is since 12.07.2025 and he has only one criminal antecedent, which is of the year 2023 of identical nature, 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. 7. Accordingly, the application is allowed. 8. Let the Applicant-Shri Shivang Chouhan @ Rahul, involved in Crime No. 389/2025 registered at Police Station Gandhinagar, District- Sarguja (C.G.) for the offence punishable under Sections 305(a), 331(4), 3(5) of BNS, 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 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 4 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 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