1 2026:CGHC:25439 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5433 of 2026 1. Banwali Kolshiya S/o Mano Kolshiya Aged About 40 Years R/o Haldi Mruda Police Station Sinna, District- Nuapada Odisha, (District Name Is Correct 2. Pradeep Bag S/o Jagdish Bag Aged About 28 Years R/o Village Nangal Bod, Police Station - Simapali, District- Gumapada, Odisha ... Applicants versus State of Chhattisgarh Through The Police Station Bhilai Nagar, District- Durg Chhattisgarh ... Non-applicants For Applicants : Mr. Ishan Verma, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.06.2026 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 applicants who have been arrested in connection with Crime No. 690/2025 registered at Police Station – Bhilai Nagar, District- Durg (C.G.) for the offence punishable under Sections 303(2) and 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. The prosecution case, in brief, is that on 15.12.2025, the complainant, namely Ajay Singh, lodged a verbal report at Police Station Bhilai Nagar stating that he was employed as a security guard at Akshay Patra. He reported that on 13.12.2025, he had gone to the weekly Shanichari PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.06.23 10:21:58 +0530 2 Market, Ruabandha, on his motorcycle bearing Registration No. CG-07- AV-3605. It is alleged that after parking the said motorcycle near the Government Hospital and proceeding towards the market to purchase vegetables, he returned at about 8:00 PM and found that the vehicle was missing from the place where it had been parked. Upon making inquiries in the vicinity and failing to trace the vehicle, the complainant suspected that some unknown person had stolen his motorcycle, valued at approximately Rs. 15,000/-. On the basis of the said report, the present offence came to be registered against an unknown person. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and have been falsely implicated in the offence in question. He further submits that the alleged incident pertains to theft of a motorcycle parked in an open public place and the prosecution has not brought on record any direct evidence showing the actual involvement of the applicants in the commission of the alleged ofence. It is also submitted that the applicants have no previous criminal antecedents, the charge-sheet has already been filed, the applicants are in custody since 17.01.2026, and the trial is likely to take some time for its conclusion. Therefore, learned counsel prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has already been filed in the present case. She further submits that one motorcycle was seized from Applicant No. 1 and two motorcycles were seized from Applicant No. 2. It is also submitted that Applicant No. 1 has one previous criminal antecedent and applicant No. 2 has no previous criminal antecedents. Hence, the applicants are not entitled to the grant of bail. 5. I have heard learned counsel appearing for the parties and perused the 3 case diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the offence, and the fact that the charge-sheet has already been filed and applicant No. 1 has one previous criminal antecedents and applicant No. 2 has no previous criminal antecedents and they are in jail since 17.01.2026, this Court is of the view that the applicants are entitled to be released on bail in the present case. 7. Accordingly, the bail application is allowed. Let the Applicant Nos. 1 and 2 - Banwali Kolshiya and Pradeep Bag, involved in Crime No. 690/2025 registered at Police Station – Bhilai Nagar, District- Durg (C.G.) for the offence punishable under Sections 303(2) and 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’), be released on bail on his furnishing a personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their 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 them, in accordance with law, under Section 209 of 4 the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 8. 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 Preeti