1 CGHC010219242026 2026:CGHC:27725 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5196 of 2026 Santosh Kumar Bhaskar S/o Kamal Prasad Aged About 38 Years Caste Satnami Resident Of Kauhrauda P.S. Masturi District Bilapsur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Shivrinaryan District Janjgir Champa C.G. ... Respondent For Applicant : Ms. Seema Singh, Advocate. For Respondent/State : Shri Shubham Bajpai, 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.48/2026 registered at Police Station Shivrinarayan, District-Janjgir-Champa (C.G.) for the offence punishable under Sections 303(2), 111, 61(A), 3(5) of B.N.S. 2. Case of the prosecution, in brief, is that the complainant lodged missing report to the concerned police station that on the date of GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.07.08 10:36:50 +0530 2 incident i.e. 06.02.2026, the unknowns persons entered in water filter plant and they have committed theft of K.V.A. Transformer and Copper total valuation amount of Rs. 2,00,000/- from said water filter plant. Based upon complaint made by the complainant, the police has registered the case under section 303(2), 111, 61(A), 3(5) of B.N.S. against the unknown person and during investigation, the police has arrested the present applicant on the memorandum of the statement. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is argued that no stolen property has been recovered from the possession of the applicant and the alleged recovery was made from a scrap (Kabadi) shop. It is further submitted that the prosecution case is based only on the memorandum statement of a co-accused. It is further submitted that the investigation has been completed, the charge-sheet has already been filed, and the applicant has been in custody since 06.02.2026 and conclusion of trial will take some time, therefore, she 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. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 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, further the fact that applicant has been implicated on the memorandum statement of co-accused, period of detention of the applicant since 06.02.2026, 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- Santosh Kumar Bhaskar involved in Crime No.48/2026 registered at Police Station Shivrinarayan, District- Janjgir-Champa (C.G.) for the offence punishable under Sections 303(2), 111, 61(A), 3(5) of B.N.S., 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 4 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 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