1 CGHC010213742026 2026:CGHC:28643 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4994 of 2026 • Dileshwar Sahu S/o- Meghnath Sahu Aged About 25 Years R/o- Village- Karamtara Police Chowki Jalbandha, District- Khairagarh- Chhuikhadan- Gandai (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through- Station House Officer, Police Station Chhuikhadan, District- Khairagarh Chhuikhadan-Gandai (C.G.) ... Respondent(s) For Applicant(s) : Mr. Abhishek Sharma, Advocate For Respondent(s) : Mr. Jitendra Shrivastava, Government Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.07.2026 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. 45/2026, registered at Police Station – Chuikhadan, District – Khairagarh-Chuikhadan-Gandai (C.G.) for the offence punishable under Sections 331(3), 305(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that on the basis of a report lodged by VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.07.09 18:21:49 +0530 2 complainant Sunil Sahu at Police Station Chuikhadan, Crime No. 45/2026 was registered under Section 305(A) of the BNS against unknown persons alleging that on 11/02/2026, the accused persons committed theft by breaking the lock of the complainant's house and stolen cash of Rs. 30,000/- and gold-silver ornaments worth about Rs. 90,000/-. During investigation the offence u/s 331(3) and 305(1) & 3(5) of the BNS were also added. During the course of investigation, the Applicant Dileshwar Sahu was taken into custody and his memorandum statement was recorded, wherein he allegedly admitted having committed the theft along with co-accused Omprakash Sahu and one juvenile. 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. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 16.02.2026 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 there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that the learned Trial Court in its order mentioned that the applicant have criminal record i.e. at O.P. Jalbandha, Crime No. 47/2026 offence u/s 331(1), 303(1) of BNS and Crime No. 12/2026 O.P. Litiya, P.S. Bori, District Durg for the offence u/s 331(1), 305(A) of BNS but the applicant is not accused in those crime numbers. He further submits that theft vehicle and other articles were seized from the possession of the 3 applicant, therefore, he is not entitled for grant of bail. 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 the fact that there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 16.02.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Dileshwar Sahu, involved in Crime No. 45/2026, registered at Police Station – Chuikhadan, District – Khairagarh- Chuikhadan-Gandai (C.G.) for the offence punishable under Sections 331(3), 305(1) 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, 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaishali