1 CGHC010252282026 2026:CGHC:27969 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6000 of 2026 Prabhat Das Diwan @ Lalu S/o Shyamlal Aged About 20 Years R/o Purana Kanshinagar, Korba, Thana- Civil Line Rampur, Distt.- Korba (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through SHO, Thana- Civil Line Raipur, Distt.- Korba (C.G.) ... Non-applicant(s) For Applicant : Mr. Samir Singh, Advocate. For Non-applicant/State : Ms. Monika Thakur, 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 the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 303/2026 registered at Police Station- Civil Line, Korba District- Korba (C.G.) for the offence punishable under Sections 331(4), 305(A), 3(5) of BNS 2023. 2. Case of the prosecution in brief is that the complainant, Atal Amit Bagh, lodged a report at the concerned Police Station stating that KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 his maternal uncle, Gladbin Kumar, was residing at Quarter No. ND- 12, CSEB Colony. On 07.04.2026, Gladbin Kumar had gone to Raipur to attend his son's marriage procession. On the following morning, i.e., 08.04.2026, at about 6:00 A.M., a neighbour informed Gladbin Kumar over the phone that a theft had taken place in his house. Thereafter, on the instructions of Gladbin Kumar, the complainant visited the house and found that the front door had been broken open, the rear door was open, the household articles were scattered and the almirah had been broken. Upon inspection, it was found that cash amounting to approximately ₹35,000/- and certain silver coins had been stolen by some unknown person. On the basis of the said report, Crime was registered against an unknown person for the offences punishable under Sections 331(4) and 305(A) of the Bharatiya Nyaya Sanhita. During the course of investigation, the present applicant, Prashant Das @ Lalu, came to be implicated and was arrested and after completion of the investigation, charge-sheet has been filed against him for the offences punishable under Sections 331(4), 305(A) and 3(5) of the Bharatiya Nyaya Sanhita. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has not committed the alleged theft. It is contended that the applicant, a young man aged about 20 years, has been arraigned as an accused merely on the basis of the memorandum statement of the co-accused, which, by itself, cannot be used as substantive evidence against him. He further submits that the investigation has 3 been completed and the charge-sheet has already been filed before the competent Court, therefore, no further custodial interrogation of the applicant is required. It is further submitted that the applicant is in judicial custody since 13.04.2026 and the conclusion of the trial is likely to take considerable time. So far as the criminal antecedents of the applicant are concerned, it is submitted that the applicant has two criminal antecedents, out of which one case is pending and in the other case he has already been enlarged on bail and the same have been duly explained in Part-D of the present bail application. Accordingly, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the present applicant has been implicated during the course of investigation on the basis of the material collected by the prosecution. It is further submitted that cash amounting to ₹1,000/- has been recovered from the possession of the present applicant pursuant to his memorandum statement. The allegations relate to house-breaking and theft committed in a dwelling house during the absence of its occupants, wherein cash amounting to approximately ₹35,000/- along with silver coins was stolen. Learned State counsel further submits that the applicant is not a first-time offender and has criminal antecedents. Considering the nature and gravity of the offence, the recovery made from the present applicant, the material collected during the course of investigation and his criminal antecedents, it is 4 submitted that no case for grant of bail is made out and, therefore, the present 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, the fact that the investigation has been completed and the charge-sheet has already been filed before the competent Court, cash amounting to only ₹1,000/- is alleged to have been recovered from the possession of the present applicant and no further custodial interrogation of the applicant is required, so far as the criminal antecedents of the applicant are concerned, he has two criminal antecedents, out of which one case is pending and in the other case he has already been enlarged on bail, as 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 – Prabhat Das Diwan, involved in Crime No. 303/2026 registered at Police Station- Civil Line, Korba District- Korba (C.G.) for the offence punishable under Sections 331(4), 305(A), 3(5) of BNS 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 she shall not seek any adjournment on the dates 5 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 her counsel. In case of her absence, without sufficient 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 fixed 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 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 her in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- S(Ramesh Sinha) Chief Justice Kunal