1 2026:CGHC:2437 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 546 of 2026 Vivek @ Harvilas Adhikari S/o Jayram Adhikari Aged About 30 Years R/o Barbarupara, Narayanpur, Police Station - Narayanpur, District- Narayanpur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Padmanabhpur, District – Durg (C.G.) ---- Non-applicant For Applicant : Mr. Sushil Dubey, Advocate. For Non-applicant/State : Ms. Nupoor Trivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 182/2024, registered at Police Station – Padmanabhpur, District – Durg (C.G.) for the offence punishable under Sections 379 of the IPC. 2. The case of the prosecution, is that on 27.04.2024 the concerned police registered an offence against unknown person for the offence punishable under Section 379 IPC on the report lodged by complainant Namdas Sahu that between 14.04.2024-15.04.2024 his motorcycle Hero Passion Pro CG 07 AL 5361 was missing from his house. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Meanwhile the police of police station Narayanpur arrested the applicant/accused on 16.05.2024 in connection with Crime No. 54/2024 registered by Police Station Narayanpur for the offence punishable under s. 302, 34 of IPC and on the basis of applicant's memorandum a motorcycle was recovered which belongs to the complainant Namdas Sahu and the concerned police of police station Padmanabhpur, District Durg formally arrested the applicant in the present case. Hence, this application 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and the charge- sheet has been filed in this case. It is further submitted that initially the FIR was lodged against the unknown persons, but when the applicant was arrested in a case Crime No.54/2024 registered the P.S.- Narayanpur, for the offence under Sections 302 and 34 of IPC, on the basis of his memorandum a motorcycle was seized which belongs to the complainant Namdas Sahu. The applicant is in jail since 12.03.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is one criminal antecedents registered against the applicant for offence under Section 302 and 34 of IPC, and the charge-sheet has been filed in this case, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that initially the FIR was lodged against the unknown persons, but when the applicant was arrested in a case Crime No.54/2024 registered the P.S.- Narayanpur, for the offence under Sections 302 and 34 of IPC, on the basis of his memorandum a motorcycle was seized which belongs to the complainant Namdas Sahu, charge-sheet has been filed against the applicant, the applicant is in jail since 12.03.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Vivek @ Harvilas Adhikari, involved in Crime No. 182/2024, registered at Police Station – Padmanabhpur, District – Durg (C.G.) for the offence punishable under Sections 379 of the IPC, 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 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 4 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. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar