1 CGHC010250262026 2026:CGHC:27960 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5975 of 2026 Sumit Pal S/o Gautam Pal Aged About 28 Years R/o H S C L Colony, Station Maroda, Tahsil and District – Durg, Chhattisgarh ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station Utai, District – Durg, Chhattisgarh ... Non-applicant For Applicant : Mr. Ankush Soni, Advocate. For Non-applicant/State : Mr. Jitendra Shukla, Government Advocate. 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. 217/2025 registered at Police Station- Utai, District – Durg (C.G.), for the offence punishable under Sections 331(4), 305, 317 and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that the complainant, Shashi Kumar Upadhyay, lodged an FIR at Police Station Utai stating that he had constructed a house at Village Umarpoti, Chandranagar, and a housewarming ceremony (Griha Pravesh) along with a religious worship PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.08 11:02:25 +0530 2 programme was held there on 06.06.2025, which concluded at about 9:00 p.m. Thereafter, he and his family members went to sleep at around 1:00 a.m. on 07.06.2025. At about 4:00 a.m., his nephew, Mayank Mishra, noticed that the main gate of the house was open and found a bag lying outside with its contents scattered. Upon inspection, it was discovered that the grill of the main gate had been cut and that a OnePlus Nord mobile phone, an Apple iPhone 13 belonging to the complainant's daughter, a Samsung keypad phone, and a trolley bag containing a gold necklace weighing about 80 grams and a gold chain weighing about 40 grams were missing. Despite searching, the stolen articles could not be traced. It was alleged that during the intervening night of 06/07.06.2025, some unknown person had committed house-breaking by cutting the grill of the main gate and stolen the aforesaid articles, collectively valued at approximately Rs. 1,60,000/-. On the basis of the said report, Crime No. 217/2025 was registered at Police Station Utai under Sections 331(4) and 305 of the Bharatiya Nyaya Sanhita, 2023, against unknown persons. During the course of investigation, evidence was found against the present applicant/accused, Amit Pandey alias Vicky, and other co-accused. The applicant was arrested on 08.06.2025, and upon completion of the investigation, the charge-sheet was filed before the competent trial Court. 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 08.06.2025. So far as the criminal antecedents of the applicant are concerned, there are 07 3 previous criminal antecedents, out of which in 06 cases he has been acquitted 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 charge-sheet has been filed in the present case. It is further submitted that the applicant is not a first-time offender and has criminal antecedents. Considering the nature of the allegations and his criminal 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 08.06.2025, 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 – Sumit Pal, involved in Crime No. 217/2025 registered at Police Station- Utai, District – Durg (C.G.), for the offence punishable under Sections 331(4), 305, 317 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 4 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 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. 5 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