1 2026:CGHC:4497 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10401 of 2025 Raju Banjare S/o Shri Jawahar Banjare Aged About 27 Years R/o Ward No. 07, Abhanpur, Raipur, Distt.- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through - Police Station- Abhanpur, Raipur, District- Raipur (C.G.) ...Non-applicant For Applicant : Mr. Pushpendra Kumar Patel, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.01.2026 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. 351/2025, registered at Police Station - Abhanpur District – Raipur (C.G.) for the offence punishable under Sections 303(2), 304(2) & 3(5) of the BNS 2023. 2. The prosecution story in brief, is that the complainant lodged a written VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.28 16:39:37 +0530 2 report at Police Station Abhanpur, District Raipur, on 23.09.2025, alleging that on 18.09.2025 at about 7:00 PM, while he was waiting for a bus to return home, three persons came and snatched his Vivo mobile phone and fled from the spot, and thereafter, upon checking his bank account details, he came to know that an amount of Rs.1,93,000/- had been withdrawn from his account by the accused persons, namely Raju Banjare, Gagan Yadu, Durgesh Yadav, and Navin Kumar Yadav, pursuant to which the offence was registered and investigation was initiated. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits that as per the material collected by the prosecution, no offence is made out against the present applicant and there is nothing on record to show that he has committed theft; that the seizure memo prepared by the prosecution is false and no prima facie case is established against the applicant; that the challan has not yet been filed and the matter is triable by the learned Magistrate First Class; that there is an unexplained delay of four days in lodging the First Information Report, as the complainant himself waited for four days after the alleged incident; that the applicant is a permanent resident of the address mentioned in the cause title and is not likely to abscond; and that the applicant is ready and willing to furnish adequate surety and shall abide by all the terms, conditions, and directions that may be imposed by this Hon’ble Court, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application 3 of the present applicant and submits that the charge-sheet has already been filed in the present case, and the applicant has five criminal antecedent, therefore, he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the period of detention of the applicant since 24.09.2025, the fact that the charge-sheet has already been filed before the competent Court, and further considering that the conclusion of the trial is likely to take considerable time, this Court is of the considered opinion that the applicant has made out a case for grant of bail and is, therefore, entitled to be released on bail in the present case. 7. Let applicant, Raju Banjare, involved in Crime No. 351/2025, registered at Police Station - Abhanpur District – Raipur (C.G.) for the offence punishable under Sections 303(2), 304(2) & 3(5) of the BNS 2023, be released on bail on furnishing a personal bond with two heavy sureties, one of whom shall be a member of the applicant’s family 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 4 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. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of further six months from the date of receipt of certified copy of this order in accordance with law, if there is no legal impediment. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav