1 CGHC010204892026 2026:CGHC:28753 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4793 of 2026 Hemant Yadav @ Butul S/o Sudro Yadav Aged About 30 Years R/o Village - Pandripani, Police Station - Kunkuri, District Jashpur Chhattisgarh --- Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station - Kunkuri, District Jashpur Chhattisgarh --- Respondent(s) For Applicants : Mr. Harish Khuntiya, Advocate For Respondent(s) : Mr. Shubham Bajpai, P.L. HON'BLE SHRI RAMESH SINHA, CHIEF JUSTICE ORDER ON BOARD 09/07/2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he is arrested in connection SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2026.07.10 14:51:46 +0530 2 with Crime No. 84/2026 registered at Police Station – Kunkuri, District: Jashpur (C.G.), for the offence under Section 331 (3) and 305 (A) of B.N.S. 2. That, as per prosecution story in brief is that on 28.04.2026, the complainant Vinayak Mishra lodged report at Police Station, Kunkuri, alleging therein that some unknown persons have entered into premises of Maa Guru Fly Ace Bricks Industries, Ginabahar and stolen submersible pump & wire situated in the said premises. The complainant has suspected that the present applicant is habitual to commit such type of theft. On the basis of the said report and during course of investigation, the applicant was arrested and crime was registered against him, leading to the filing of the present bail application. Hence this application. 3. Learned counsel for the applicant submits that the applicant is innocent, he has been falsely implicated in the present case and is under incarceration since 29.04.2026. He further submits that no any stolen articles have been recovered from the applicant and only on the basis of suspicion, the applicant has been arrested, charge-sheet has not been filed, there is no criminal antecedents against the applicant and conclusion of trial is likely to take quite some time, therefore, he may be granted bail. 3 4. On the other hand, learned counsel for the State opposes the bail application and submits that the charge sheet has not yet been filed, the applicant has a total of five criminal antecedents, out of which he has been acquitted in three cases, while two cases are still pending. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions advanced by the learned counsel for the parties, the nature of the allegations, and the fact that the applicant has been in jail since 29.04.2026, charge-sheet has not yet been filed, trial will take considerable time to conclude, and without commenting on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the application is allowed. 7. Let Applicant- Hemant Yadav @ Butul involved in Crime No. 84/2026 registered at Police Station – Kunkuri, District: Jashpur (C.G.), for the offence under Section 331 (3) and 305 (A) of B.N.S. 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:- 4 (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 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 Saurabh