1 CGHC010150032026 2026:CGHC:27760 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3736 of 2026 Sheikh Swalah S/o- Shri Sheikh Nadir Aged About 40 Years R/o- Near Jama Mazid, Mowa, District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station- Khamardih, District- Raipur (C.G.) ... Respondent For Applicant : Shri Pragalbha Sharma, Advocate. For Respondent/State : Ms. Ritika Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/07/2026 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 applicant who has been arrested in connection with Crime No.79/2026 registered at Police Station Khamardih, Distt. Raipur (C.G.) for the offence punishable under GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.07.08 10:36:50 +0530 2 Sections 303(2), 111 (3), 111 (2) (b) of the Bharatiya Nyaya Sanhita (BNS), 2023. 2. Case of the prosecution, in brief, is that the present case arises out of Crime No.79/2026 registered at Police Station Khamhardih, District Raipur, wherein it is alleged that the applicant Sheikh Swaleh assisted a co-accused in committing theft of the complainant's motorcycle by preparing and providing a duplicate key, which was subsequently used to execute the theft. During investigation, it surfaced that the applicant was engaged in making keys of vehicles and had allegedly provided such keys on prior occasions as well, thereby facilitating commission of similar offences. Hence, the FIR. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant is a key-maker by profession and has been carrying on the said business for the last 20 years. The applicant merely prepared a duplicate key in the ordinary course of his business after obtaining a copy of the Aadhaar card from the co-accused and had no knowledge or intention of facilitating any theft. It is further submitted that no specific role has been attributed to the applicant, no incriminating material has been recovered from his possession, and the prosecution case rests mainly on the memorandum statement of the co-accused. It is further submitted that the investigation has been completed, the charge-sheet has already been filed, and the applicant has been 3 in custody since 19/03/2026 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and would submit that charge sheet has been filed in this case before the competent court. She would submit that the applicant has no criminal antecedents. 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, submission of learned counsel for the parties, materials available on record, nature of allegation levelled against the applicant, period of detention of the applicant since 19/03/2026, applicant has no criminal antecedents, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, without commenting anything on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Sheikh Swalah involved in Crime No.79/2026 registered at Police Station Khamardih, Distt. Raipur (C.G.) for the offence punishable under Sections 303(2), 111 (3), 111 (2) (b) of the Bharatiya Nyaya Sanhita (BNS), 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 4 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 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 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri