1 CGHC010209522026 2026:CGHC:28606 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.4906 of 2026 Sanjay Singh Thakur S/o Shri Suraj Singh Thakur Aged About 32 Years R/o Kundra Para Shukrawari Bazar Gudhiyari Tahsil And District - Raipur (C.G.) --- Applicants versus State Of Chhattisgarh Through- Police Station G.R.P. District- Raipur (C.G.) --- Non-applicant _____________________________________________________ For Applicant :Mr. Pragalbha Sharma, Advocate. For Non-applicant/State :Mr. Shubham Bajpai, PL. 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 has been arrested in connection with Crime No.05/2026 registered at Police SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.10 13:01:09 +0530 2 Station GRP, Raipur (C.G.), for the offences under Sections 305(c) and 62 of BNS, 2023. 2. Prosecution story, in brief, is that on 14.01.2026, at Raipur Railway Station, the Applicant/accused allegedly committed theft of a Samsung A-33 5G mobile phone containing Jio SIM No.7999694079 from the possession of the complainant Harsh Verma while he was travelling in Train No. 20846, Coach. Based on these allegations, the offences as mentioned above, have been registered against the present Applicant. Hence, this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present cases. It is further submitted that the incident was a mistake of fact, as while being in a rush to catch the train, the Applicant inadvertently picked up the wrong mobile phone and was in the process of returning the same when he was apprehended. He further submits that the charge-sheet has already been filed, the Applicant is in judicial custody since 14.01.2026 and the trial is likely to take considerable time for its conclusion, therefore, considering the period of detention, he may be enlarged on regular bail. 4. Per contra, learned State Counsel opposes the bail 3 application. 5. Considering the submissions advanced by learned Counsel for the parties, the nature of allegations, the fact that the alleged incident is stated to have occurred due to a mistake of fact, the fact that the charge-sheet has already been filed, Applicant is in jail since 14.01.2026 and further considering the likelihood of the trial taking considerable time for its conclusion, without further commenting anything 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 bail application is allowed. 6. Let Applicant-Sanjay Singh Thakur involved in Crime No. 05/2026 registered at Police Station GRP, Raipur (C.G.), for the offences under Sections 305(c) and 62 of BNS, 2023 be released on bail on his furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant/s shall file an undertaking to the effect that he/they 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/s shall remain present before the trial court on each date fixed, either 4 personally or through his/their counsel. In case of his/their absence, without sufficient cause, the trial court may proceed against him/them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant/s misuse/s the liberty of bail during trial and in order to secure his/their presence, proclamation under Section 84 of BNSS. is issued and the applicant/s fail/s to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant/s 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/s 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/them in accordance with law. 7. 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 Priya