1 CGHC010183132026 2026:CGHC:28545 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4454 of 2026 Sangharsh Subhash Dongre S/o. Subhash Dongre Aged About 19 Years R/o. Gram- Kawri, Post- Anjora, Tehsil Aamgaon, District- Gondiya (Maharashtra) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer (S.H.O.) P.S.- Kotwali, Dist.- Rajnandgaon (C.G.) ...Non-Applicant(s) (Cause-title taken from Case Information System) For Applicant : Mr. Pritam Singh, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. 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 short, ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 536 of 2025 registered at Police Station – Kotwali, District Rajnandgaon (C.G.), for the offences BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2026.07.10 10:41:09 +0530 2 punishable under Sections 303(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’). 2. The case of the prosecution, in brief, is that the complainant, Tikeshwar Kumar Lahre, lodged a First Information Report alleging that on 18.09.2025, between 10:00 a.m. and 10:15 a.m., after parking his motorcycle, namely Bullet Classic 350 CC bearing Registration No. CG-08-AH-6086, near the back gate of the Collectorate Office, Rajnandgaon, he proceeded to the office of the District Education Officer for his official work. On returning, he found that some unknown person had stolen the said motorcycle. 3. On the basis of the report lodged by the complainant, Crime No. 536 of 2025 was registered at Police Station Kotwali, Rajnandgaon under Section 303(2) of the Bharatiya Nyaya Sanhita against unknown persons. During the course of investigation, the present applicant was implicated in the crime and, after completion of investigation, the charge-sheet has been filed on 28.02.2026 for the offences punishable under Sections 303(2) and 3(5) of the BNS. 4. 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 offence and has been arraigned merely on the basis of suspicion. It is further submitted that no recovery has been effected from the conscious 3 possession of the applicant connecting him with the alleged offence. It is also submitted that although the applicant has criminal antecedents, mere registration of previous criminal cases cannot be a ground to deny the benefit of bail. It is further submitted that the investigation has been completed and the charge-sheet has already been filed before the competent Court and, therefore, no further custodial interrogation of the applicant is required. The applicant has remained in judicial custody since 05.02.2026 and the conclusion of the trial is likely to take considerable time. On these grounds, it is prayed that the applicant be enlarged on regular bail. 5. Per contra, learned State counsel vehemently opposes the bail application. It is submitted that the applicant has three criminal antecedents, out of which two criminal cases are registered in the State of Maharashtra and one criminal case is registered in the State of Chhattisgarh. It is further submitted that the previous involvement of the applicant in criminal cases reflects his propensity to indulge in unlawful activities and, therefore, there is every likelihood that if released on bail, he may again commit similar offences or misuse the liberty granted to him. Considering the nature and gravity of the allegations, the criminal antecedents of the applicant and the likelihood of repetition of similar offences, learned State counsel submits that the applicant does not deserve the discretionary relief of bail. It is, therefore, prayed that the bail application be rejected. 4 6. I have heard learned counsel for the parties and perused the case diary as well as the material available on record. 7. Having considered the rival submissions, the nature of allegations, the material available on record, the fact that the investigation has been completed and the charge-sheet has already been filed before the competent Court, the period of custody undergone by the applicant since 05.02.2026 and the fact that the trial is likely to take considerable time for its conclusion, this Court is of the opinion that further custodial detention of the applicant is not warranted. Though the applicant has three criminal antecedents, the same, by itself, cannot be a ground to deny the benefit of bail, particularly when the investigation has already been completed and the charge-sheet has been filed. At this stage, there is nothing on record to indicate that the applicant is likely to abscond or interfere with the course of trial. Therefore, without expressing any opinion on the merits of the case, this Court is inclined to extend the benefit of regular bail to the applicant. 8. Accordingly, the bail application is allowed. 9. Let the applicant – Sangharsh Subhash Dongre, involved in Crime No. 536 of 2025 registered at Police Station – Kotwali, District Rajnandgaon (C.G.), for the offences punishable under Sections 303(2) & 3(5) of the BNS, be released on bail on his furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following 5 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 her 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) 6 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. 10. 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 Brijmohan