1 2026:CGHC:27217 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5826 of 2026 Tikeshwar Pisda S/o Late Gajmohan Pisda Aged About 32 Years R/o Village Bital P.S. Rajhara, District Balod, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station Rajhara, District Balod, Chhattisgarh. ... Non-applicant For Applicant : Mr. Harshwardhan Singh Thakur, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.07.2026 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. 0053/2026 registered at Police Station – Rajhara, District Balod (C.G.) offence under Sections 331(3) and 305(a) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, on 02.03.2026 at about 11:00 p.m., unknown persons allegedly broke the lock of the SSG Building situated at Gothan under Gram Panchayat Pathratola and unlawfully entered the premises. Thereafter, they allegedly committed theft of one iron mesh wire, one sheet, five angle pieces, and six pipes, collectively valued at ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.03 11:06:00 +0530 2 approximately Rs. 20,000/-. During the course of the investigation, the aforesaid stolen property was allegedly recovered from a Bolero vehicle bearing Registration No. CG-17-LD-1382 near a poultry farm. On the basis of the report lodged at Police Station Rajhara, the police conducted an investigation, during which the involvement of the accused persons allegedly came to light. Thereafter, the accused was taken into custody, the investigation was completed, and the charge-sheet was filed before the competent Court. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. He submits that the FIR was lodged against unknown persons, and the present applicant has been falsely implicated as a result of a conspiracy. He also submits that on 02.03.2026, at about 8:30 PM, the owner of the Bolero vehicle called the applicant and instructed him to take the victim of the accident to Shaheed Hospital. In compliance with the said instructions, the applicant took the injured person to the hospital, and thereafter, at about 10:30 PM, he returned to his native village, Bital. The police personnel have falsely implicated the present applicant, whereas the real culprit, namely the owner of the Bolero vehicle, has not been made an accused in the case. The applicant, being merely the driver of the vehicle and acting under the instructions of its owner, has been arrayed as an accused only to shield and safeguard the real culprit. He also submits that the present applicant has only 01 criminal antecedent under the Motor Vehicle Act, which has already been explained in paragraph No. 4(a) of the present bail application. He further submits that the present applicant has been in jail since 14.03.2026 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application 3 and submit that the charge-sheet has been filed in the present case before the competent Court. 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 that the present applicant has only 01 criminal antecedent under the Motor Vehicle Act, which has already been explained in paragraph No. 4(a) of the present bail application and also considering the fact that in the present bail application the charge-sheet has been filed before the competent Court and the present applicant has been in jail since, 14.03.2026 and conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant – Tikeshwar Pisda involved in Crime No. 0053/2026 registered at Police Station – Rajhara, District Balod (C.G.) offence under Sections 331(3) and 305(a) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 4 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 Abhishek