1 CGHC010215742026 2026:CGHC:28675 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5105 of 2026 Sharif Alias Sikandar Khan S/o Salim Khan, Aged About 43 Years R/o Village Sarbahara, Police Station Gorela, District- Gaurela, - Pendra- Marwahi (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station In- Charge P.S. Dongergarh, District – Rajnandgaon (C.G.) ---- Non-applicant For Applicant : Dr. N.K. Shukla, Senior Advocate assisted by Mr. Shailendra Shukla, Advocate. For Non-applicant/State : Mr. Ritika Verma, Panel Lawyer. 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. 222/2026, registered at Police Station – Dongergarh, District – Rajnandgaon (C.G.) for the offence punishable under Sections 303(2) of the BNS. 2. The case of the prosecution, is that the complainant, Nabarun Hazra, son of Late Sukumar Hazra, resident of Kuchaiddi Babiria, Police Station Bhupatinagar, East Midnapore (West Bengal), lodged a written complaint on 02.05.2026 against unknown persons. In the complaint, it was stated that he is working as a Manager in Sterling & Wilson Pvt. Ltd., Mumbai, and that the company is executing the work of RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 “Development of Distribution and Infrastructure Works” (Package-20) under the Chhattisgarh State Power Distribution Company Limited in District Rajnandgaon. Temporary site storage had been kept at the Achholi Electricity Office. It was alleged that on 09.04.2026, some unknown persons used heavy machinery and stole six conductor drums worth approximately Rs. 9,44,000/- (Rupees Nine Lakhs Forty Fourt Thousand only) from the site. The incident came to light on 23.04.2026, and despite intensive search and internal inquiry in the surrounding area, the property could not be traced, whereafter the written complaint was lodged. On the basis of the complaint, the offence was registered and the applicant/accused was arrested by the Police. Hence, this application. 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 05.05.2026 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 the applicant 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 3 fact that there is no criminal antecedents registered against the present applicant, the charge-sheet has been filed in this case, the applicant is in jail since 05.05.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant – Sharif Alias Sikandar Khan, involved in Crime No. 222/2026, registered at Police Station – Dongergarh, District – Rajnandgaon (C.G.) for the offence punishable under Sections 303(2) of the 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, 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 4 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 Rajshekhar