1 CGHC010251282026 2026:CGHC:28196 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6039 of 2026 Dinesh Kumar Kenwat S/o Devbali Kenvat, Aged About 22 Years R/o Village Rasauta P.S. Baloda, District- Janjgir- Champa (C.G.) ... Applicant versus State of Chhattisgarh Through District Magistrate District- Janjgir- Champa (C.G.) ... Non-applicant For Applicant : Mr. Krishna Kant Prajapati, 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 prosecution story, in brief, on 31.05.2026 at about 1:00 A.M., the driver of Hyva Truck bearing Registration No. JH-02-BE-0966 was sleeping after parking the vehicle near Khisoa Umreli Talab on the Bharatmala Road. Suddenly, he heard some noise coming from the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.09 12:31:35 +0530 2 vehicle. When he looked outside, he saw that three unknown persons, who had arrived in a Scorpio bearing Registration No. CG-16-CU-5176, had opened the diesel tank of the truck and were transferring the diesel into the Scorpio. On noticing the driver awake, they attempted to flee. The driver shouted him who are you. However, the accused persons loaded the stolen diesel into the Scorpio and fled towards Baloda. It is alleged that they committed theft of 175 litres of diesel worth Rs. 17,500/- from the complainant's truck. Thereafter, the complainant, Prakash Kumar Rathore, lodged a written report, on the basis of which an offence was registered against three unknown persons. 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 no previous criminal antecedents and 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. 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, the applicant has no previous criminal antecedents, and the conclusion of the trial is likely to take some time, this Court is inclined to allow the present application. 7. Accordingly, the bail application of the applicant is allowed. 3 8. Let the applicant – Dinesh Kumar Kenwat, 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. (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 4 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