1 CGHC010238782026 2026:CGHC:28186 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6032 of 2026 Manoj Kumar Miri S/o of Late Ramkumar Miri Aged About 46 Years Resident of Village Korbi, Police Station Baloda, District - Janjgir-Champa (C.G.) ... Applicant versus State of Chhattisgarh Through- The Station House Officer, Police of Police Station Baloda, District Janjgir-Champa (C.G.) ... Non-Applicant For Applicant : Mr. N.K. Chatterjee, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/07/2026 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. 246/2026 registered at Police Station - Baloda, District - Janjgir-Champa (C.G.), for the offence punishable under Sections 303(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. As per the brief facts of the prosecution case, on the basis of a written report lodged by the complainant on 31.05.2026, it is alleged that the complainant had sent his Highwa bearing Registration No. JH-02/BE-0966 for transportation of sand from Nawagaon Ghat to PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.09 12:31:34 +0530 2 Hardibazar at about 8:00 p.m., which was being driven by his servant, namely, Bikesh Chouhan. At about 1:00 a.m., the driver returned to the complainant's house and informed him that after loading sand from Nawagaon Ghat, while proceeding towards Hardibazar, he had parked the vehicle near Bharatmala Road at Village Khishora and was sleeping inside it. Upon hearing a noise, he came out and saw some unknown persons siphoning diesel from the vehicle's fuel tank into five jerry cans. He overheard them mentioning the names "Manoj" and "Dinesh" and instructing that the stolen property be kept in a Scorpio vehicle. When the driver raised an alarm, the accused persons fled from the spot in the Scorpio after taking the diesel. Thereafter, he found that the lock of the diesel tank had been broken and approximately 175 litres of diesel had been stolen. 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 and the charge-sheet has already been filed before the competent Court. He further submits that the applicant is in judicial custody since 31.05.2026. He also submits that the applicant has two previous criminal antecedents, out of which in one case 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. He also submits that the applicant has three previous criminal antecedents, it is prayed that no case for grant of bail is made out and the application deserves to be rejected. 3 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 31.05.2026, the fact that the charge-sheet has already been filed before the competent Court 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 – Manoj Kumar Miri, involved in Crime No. 246/2026 registered at Police Station- Baloda, District Janjgir-Champa (C.G.), for the offence punishable under Sections 303(2) 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 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. 4 (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. 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