1 CGHC010161422026 2026:CGHC:27997 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3764 of 2026 • Kavlesh Yadav S/o Shri Palakdhari Yadav Aged About 19 Years R/o Village- Barima (Mainpat) Thana And Tehsil- Kamleshwarpur District- Surguja (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through The Station House Officer Police Station Gharghoda District- Raigarh (C.G.) ... Respondent(s) For Applicant(s) : Mr. Rajendra Patel, Advocate For Respondent(s) : Mr. Priyank Rathi, Government Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 52/2026, registered at Police Station – Gharghoda, District – Raigarh (C.G.) for the offence punishable under Sections 331(4), 305(A), 112(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that on 17.02.2026 at about 14:10 hours, a report was lodged by the complainant Bhojpal Sahu at Police Station-Gharghoda stating that he runs a mobile shop at Kudumkela and on the night of 15.02.2026, after closing the shop, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.07.08 16:09:40 +0530 2 some unknown persons broke open the lock and committed theft, and on the next morning, he found that several mobile phones, Bluetooth devices, accessories and cash amount of Rs. 3,000/- were missing, and accordingly, crime number 52/2026 under Sections 331(4) and 305(A) of B.N.S. was registered against unknown persons, and during investigation, the accused persons including the present applicant were arrested. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. He further stated that no recovery has been made from the applicant's possession. It is further submitted that the charge-sheet has been filed in this case and applicant is in jail since 30.03.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case and there is no criminal antecedents registered against the present applicant. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and has no criminal antecedents, charge-sheet has been filed against the applicant, further considering the fact the no recovery has been made from the applicant’s possession, applicant is in jail since 30.03.2026, conclusion of the trial is likely to take some time, 3 considering the detention period of the applicant, I am inclined to allow this application. 7. Let applicant, Kavlesh Yadav, involved in Crime No.52/2026, registered at Police Station – Gharghoda, District – Raigarh (C.G.) for the offence punishable under Sections 331(4), 305(A), 112(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), 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. 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 4 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaishali