1 2026:CGHC:26361 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5690 of 2026 Omprakash @ Krishna Bharti Son Of Ajay Bharti, Aged About 24 Years Resident Of Behind R.T.O. Dewarpara, Rawanbhatha, P.S. Khamtarai, District- Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station Khamtarai, Raipur, District- Raipur (C.G.) ... Non-Applicant For Applicants : Mr. Rekhraj Baghel, Advocate For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.06.2026 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. 243/2026 registered at Police Station – Khamtarai, Raipur, District- Raipur, (C.G.) for the offence punishable under Sections 305, 331(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The facts of the prosecution case, in brief, he complainant lodged VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.06.30 10:49:13 +0530 2 missing report to the concerned police station that on the date of incident, the unknowns persons have entered in the godown and they have committed theft of some mobile clamp 118 begs from godown place and on the basis of complaint made by the complainant, the police has registered the case under section 305, 331(4), 3(5) of B.N.S. against the unknown persons and after the investigation, the police has arrested the present applicant on the memorandum of the statement. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant has not committed any of the alleged offences and has been implicated solely on the basis of the memorandum statements of the co-accused, which, by themselves, are insufficient to connect him with the alleged crime. It is further submitted that no ingredient of the offences punishable under Sections 305, 331(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 is made out against the applicant and that the prosecution has failed to collect any sufficient material to establish his involvement in the alleged theft. Learned counsel further submits that no stolen article has been recovered or seized from the possession of the applicant and no overt act has been attributed to him. It is also argued that, in view of the material available on record, no prima facie case is made out against the applicant. The applicant is in judicial custody, the case is triable by the learned Judicial Magistrate First Class, and the trial is likely to take considerable time to conclude. The applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his 3 absconding or tampering with the prosecution evidence, and he is ready and willing to furnish adequate surety and abide by all such terms and conditions as may be imposed by this Court while granting bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the applicant has two criminal antecedents. It is, therefore, contended that in view of his previous criminal history, the applicant is not entitled to the grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the offence alleged against the applicant, and further taking into account the period of detention, as the applicant has remained in judicial custody since 13.04.2026, and the fact that the charge-sheet has already been filed before the competent Court, and that the conclusion of the trial is likely to take considerable time, this Court is inclined to grant regular bail to the applicant. 7. Let the Applicant – Omprakash @ Krishna Bharti, involved in Crime No. 243/2026 registered at Police Station – Khamtarai, Raipur, District- Raipur, (C.G.) for the offence punishable under Sections 305, 331(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing 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 4 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 his 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. 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 vaibhav