1 2026:CGHC:15103 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2866 of 2026 Shiva Rajput S/o Sanat Rajput Aged About 24 Years R/o Ward No. 53 Prabhat Chowk, PS Civil Line District Bilaspur Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station Pathriya, District- Mungeli (Chhattisgarh) ... Non-Applicant For Applicant : Mr. Amitesh Yadav, Advocate For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.04.2026 1. This is the 7rst bail application 7led under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 265/2025 registered at Police Station- Pathriya, District- Mungeli, (C.G.) for the o;ence punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and under Section 39/192 of Motor Vehicles Act. 2. The case of the prosecution, in brief, is that on the night of 16.11.2025, the complainant Naveen Kumar Baraiha had parked his motorcycle bearing registration No. CG-10-BG-5314 (Royal RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 En7eld) in the veranda (shed) of his house after properly locking it, and at about 10:00 PM, upon coming to park another vehicle, he found that the said motorcycle had been stolen by an unknown person, on the basis of his report, Police Station Patharia registered Crime No. 265/2025 against an unknown accused under Section 303(2) of the IPC and commenced investigation. During the course of investigation, on receiving information from an informer that a person was attempting to sell a Royal En7eld motorcycle near Bhulankapa Road, Patharia, the police reached the spot, apprehended the said person, who disclosed his name as Shiva Rajput, and upon interrogation and recording of his memorandum statement, he confessed that on the night of 16.11.2025, he had stolen the said motorcycle from the veranda of a house in village Dhodhapur, brought it to Bilaspur, and changed its number plate from CG-10-BG-5314 to CG-10-BJ-2775. Hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case on the basis of baseless and concocted allegations which do not disclose the essential ingredients of the alleged o;ences. It is further submitted that the entire prosecution case rests solely upon the alleged memorandum statement of the accused recorded during investigation, which is not substantive evidence and is admissible only to the limited extent under Section 27 of the Indian Evidence Act, and therefore cannot be relied upon to implicate the present applicant. It is also submitted that no independent witness has been 3 cited by the prosecution to establish the alleged involvement of the applicant and the case is based purely on the police version, which is yet to be proved during trial. He further submits that the present applicant has 08 previous criminal antecedents which are explained in paragraph 4(a) of this bail application, the charge-sheet has been 7led before the competent Court, he is in jail since 12.12.2025, and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been submitted before the competent Court. She further submits that the allegations against the applicant are serious in nature and are supported by the material collected during the course of investigation. It is further submitted that the applicant was apprehended on the basis of credible information and his involvement in the commission of the o;ence is duly reEected from the case diary as well as the memorandum statement. It is also contended that from the possession of the present applicant one motor cycle has been recovered. She further submits that the applicant has 08 previous criminal antecedents, out of which 05 cases are similar in nature, shows that the applicant is a habitual o;ender. Therefore, considering the gravity of the allegations, the applicant does not deserve to be enlarged on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 4 6. Taking into consideration the facts and circumstances of the case that though the applicant is involved in a o;ence of theft of motorcycle which was recovered form his possession and has some criminal antecedents, but also considering the fact that the applicant is languishing in jail since 12.12.2025, the charge-sheet has been submitted before the competent Court, and the 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 regular bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let the applicant - Shiva Rajput, involved in Crime No. 265/2025 registered at Police Station- Pathriya, District- Mungeli, (C.G.) for the o;ence punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and under Section 39/192 of Motor Vehicles Act, 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 7le an undertaking to the e;ect that she shall not seek any adjournment on the dates 7xed 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 7xed, either personally or 5 through her counsel. In case of her absence, without suFcient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date 7xed in such proclamation, then, the trial court shall initiate proceedings against her, 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 7xed 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 suFcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 8. OFce is directed to provide a certi7ed copy of this order to the trial Court concerned for necessary information and compliance forthwith Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan