1 CGHC010248072026 2026:CGHC:27959 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5978 of 2026 Ritesh Kurre @ Chinu S/o Shri Ishwar Kurrey Aged About 21 Years R/o Kohroud P.S.- Valan, District- Balaudabazar-Bhatapara (C.G.), Halmuqam Tendu Patta Godam Beside Baluda Zero Point Vidhansabha, Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through- Station House Officer, Police Station- Kharora, District- Raipur (C.G.) ... Non-applicant For Applicant : Ms Vikeshveri, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/07/2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 13/2026 registered at Police Station- Kharora, District- Raipur (C.G.), for the offence punishable under Sections 303(2), 238(C), 340(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution case, the complainant, Yashwant Kumar, appeared before the Police Station and lodged an FIR stating that on 26.12.2025, between 09:30 hours and 18:00 hours, while his motorcycle PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.08 11:02:26 +0530 2 bearing Registration No. CG-04-LS-4577 was parked in front of Yash Collection at Village Kharora, some unknown person stole the said motorcycle, which was valued at approximately Rs. 20,000/-. On the basis of the said report, Crime No. 13/2026 was registered at Police Station Kharora, District Raipur, (C.G.) against an unknown person for the offence of theft. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the investigation has been completed and the charge-sheet has already been filed before the competent Court, therefore, no further custodial interrogation of the applicant is required. He further submits that the applicant is in judicial custody since 07.03.2026. So far as the criminal antecedents of the applicant are concerned, it is submitted that pursuant to FIR/Crime No. 23/2026, as many as three criminal cases, including the present case, have been registered against the applicant, out of which Crime No. 23/2026 has already been disposed of, and the same has been duly explained in Part-D of the present bail application. It is lastly submitted that the conclusion of the trial is likely to take considerable time and, therefore, the applicant deserves to be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the stolen motorcycle belonging to the complainant was recovered pursuant to the memorandum statement of the present applicant and the material collected during the course of investigation prima facie connects him with the commission of the alleged offence. It is further submitted that the applicant is not a first-time offender and has criminal antecedents. Considering the nature of the allegations, the recovery effected at the instance of the applicant and his criminal 3 antecedents, it is prayed that no case for grant of bail is made out and the application deserves to be rejected. 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, nature and gravity of the offence, period of detention of the applicant since 07.03.2026, the fact that the charge-sheet has already been filed before the competent Court and no further custodial interrogation of the applicant is required and so far as the criminal antecedents of the applicant are concerned, the same have been explained in Part-D of the present bail application and the conclusion of the trial is likely to take some time, therefore, without commenting anything on the merits of the case, this Court is inclined to allow the present application. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the applicant –Ritesh Kurrey @ Chinu, involved in Crime No. 13/2026 registered at Police Station- Kharora, District- Raipur (C.G.), for the offence punishable under Sections 303(2), 238(C), 340(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, 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. 4 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 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dirurt fo forthwith. - S/- Sd/-/- (Ramesh Sinha) Chief Justice Preeti