1 CGHC010231762026 2026:CGHC:27709 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5940 of 2026 Mangal Pardhi S/o Hemsingh Pardhi, Aged About 30 Years R/o Village - Semariya, Police Station And District - Bemetara (C.G.) ... Applicant versus The State Of Chhattisgarh Through, S H O, Police Station - Gandai, District - Khiragarh- Chhuikhadan- Gandai (C.G.) (Wrongly Mentioned As District - Magistrate District - K G C) ... Non-Applicant For Applicant : Shri Rishikant Mahobia, Advocate. For Non-Applicant : Shri Shailendra Sharma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06/07/2026 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.232/2025 registered at Police Station Gandai, District Khairagarh-Chhuikhadan-Gandai (C.G.) for the offence under Sections 331 (4), 305 (A), 62 & 3 (5) of the Bharatiya Nyaya Sanhita, 2023. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.07 19:02:26 +0530 2 2. Case of the prosecution is that on 21.7.2025, the complainant lodged a report with the concerned Police Station stating that when he was sleeping along with his family members in house, some unknown persons entered his house after breaking the lock of the door and committed theft of 2 pieces of Toe ring amounting to Rs.300/-, one gold amounting to Rs.7,000/- and cash amount of 9,000/-. On the basis of report, FIR was registered. Hence this bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated. The applicant has neither committed any theft nor participated in any such act. The evidence collected by the prosecution is also not sufficient to prima facie hold that the applicant is guilty of the said offence. Co-accused has already been released on bail by this Court vide order dated 16.12.2025 passed in MCRC No.9772/2025. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application. However, he submits that there are 5 cases registered against the applicant, out of which one case has been compromised whereas in other case the applicant was convicted by imposing fine amount, and the other 3 cases are pending before the concerned JMFC. Hence, the applicant may not be released on bail. 3 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 and the fact that co-accused has already been released on bail by this Court vide order dated 16.12.2025 passed in MCRC No.9772/2025, the applicant is in jail since 1.8.2025, conclusion of trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Mangal Pardhi, involved in Crime No.232/2025 registered at Police Station Gandai, District Khairagarh-Chhuikhadan-Gandai (C.G.) for offence under Sections 331 (4), 305 (A), 62 & 3 (5) of the Bharatiya 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 counsel. In case of his absence, without 4 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 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. - Sd/- (Ramesh Sinha) Chief Justice Barve