1 CGHC010162822026 2026:CGHC:28408 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4245 of 2026 Shilas Sagar S/o Rohit Sagar Aged About 25 Years R/o Village Sirko, P.S. Basna District Mahasamund Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Basna, District Mahasamund (C.G.) ...Non-applicant For Applicant : Mr. Sudhir Kumar Sahu, Advocate For Non-Applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 09.07.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 150/2026 registered at Police Station - Basna, District Mahasamund (C.G.), for the offences punishable under Sections 305, 331(1) of the BNS 2023. 2. The prosecution story, in brief, is that the complainant has lodged a VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.10 17:53:08 +0530 2 report to the concerned police Station, alleging 27.03.2026 at about 10.00 O'clock unknown person was entered into his house and he has committed theft of gold, silver and cash amount of Rs. 5,15,000/- total valuation amount of Rs. 5,95,000/-from his house. Based upon such complaint made by the complainant, the police has registered the case under section 305, 331 (1) of B.N.S. against the unknown persons and after the investigation, the police has arrested the present applicant on the memorandum statement. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant has not committed any of the alleged offences and has been working as a labourer in the concerned company for the last ten years with sincerity and without any complaint. It is further submitted that the applicant was not named in the FIR and has been implicated merely on the basis of suspicion without any proper investigation or inquiry. It is argued that the essential ingredients of the offences punishable under Sections 305 and 331(1) of the Bharatiya Nyaya Sanhita are not attracted against the applicant. Learned counsel further submits that the prosecution has failed to collect sufficient material to establish the alleged theft, no stolen article has been recovered or seized from the possession of the applicant, and his implication rests solely on the memorandum statement, which has no substantive evidentiary value. It is also contended that the applicant has not committed any overt act as alleged by the prosecution and that no prima facie case is made out against him. The applicant is in judicial custody and continued incarceration would seriously prejudice his future. It is further 3 submitted that the offences are triable by the learned Judicial Magistrate First Class and, therefore, the conclusion of the trial is likely to take considerable time. The applicant is a permanent resident of the address mentioned in the cause title of the application, there is no likelihood of his absconding or tampering with the prosecution evidence, and he is ready and willing to furnish adequate bail bonds and abide by all such terms and conditions as may be imposed by this Hon'ble Court while granting bail. 4. Learned State Counsel opposed the bail application and submitted that the applicant is involved in a serious offence of house theft. It is submitted that the complainant reported the theft of gold ornaments, silver articles and cash amounting to Rs. 5,95,000/- from his house. During the course of investigation, the involvement of the present applicant came to light and he was arrested. It is further submitted that sufficient material has been collected against the applicant during investigation. Considering the seriousness of the offence and the material available on record, it is prayed that the bail application be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Having heard learned counsel for the parties and perused the case diary, this Court finds that there is prima facie material against the applicant. The allegation is that the applicant broke into the complainant's vacant house and committed theft of gold ornaments, silver articles and cash. The offence alleged is serious in nature. Looking to the material available on record and the gravity of the 4 allegations, this Court is of the view that, at this stage, the applicant is not entitled to the benefit of bail. There is also an apprehension that, if released on bail, the applicant may abscond, influence the prosecution witnesses or commit a similar offence. Accordingly, no case for grant of bail is made out. Hence, the bail application is rejected. 7. Accordingly, the bail application of the applicant – Shilas Sagar, filed under Section 483 of the BNSS, involved in Crime No. 150/2026 registered at Police Station - Basna, District Mahasamund (C.G.), for the offences punishable under Sections 305, 331(1) of the BNS 2023, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-S Sd/-d/- (Ramesh Sinha) Chief Justice Vaibhav