1 CGHC010231112026 2026:CGHC:29076 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5408 of 2026 Rahees Khan S/o Hameed Khan, Aged About 27 Years R/o Beechpara, Chilhati, Police Station Sarkanda, District Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Chakarbhatta, District – Bilaspur (C.G.) ---- Non-applicant For Applicant : Mr. Danish Ahmad, Advocate. For Non-applicant/State : Mr. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.07.2026 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. 166/2026, registered at Police Station – Chakarbhatta, District – Bilaspur (C.G.) for the offence punishable under Sections 331(4), 305(A), 317(4) and 3(5) of the BNS. 2. The case of the prosecution, is that the complainant, Mukesh Verma, aged about 27 years, is a resident of Village Senwar, District Bilaspur, and earns his livelihood by rearing goats. For the last one year, he has been keeping his goats in a shed constructed on his plot near Dhan Mandi, Village Senwar. On 15.03.2026, after grazing his goats, he locked the shed and returned to his house at about 7:00 PM. Later, his neighbour, Santosh Rajak, informed him over the phone that a large RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 hole had been made in the wall of the shed and the goats were missing. Thereafter, the complainant and his father went to the plot and found that the wall of the shed had been broken. On checking the CCTV footage installed at the plot, it was seen that between 1:00 AM and 2:00 AM on the night of 15.03.2026, an unknown person entered the shed and took away the goats through the hole made in the wall. In this incident, 9 goats/bucks and 8 female goats belonging to the complainant, worth about Rs. 35,000/-, were stolen by an unknown person. That thereafter offence was registered of the present applicant and investigation was initiated. 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 are a total of 4 criminal antecedents out of which one has been ended in acquittal and three are pending. It is further submitted that the charge- sheet has been filed in this case. The applicant is in jail since 07.05.2026 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 there are a total of 4 criminal antecedents out of which one has been ended in acquittal and three are pending, the charge-sheet has been filed in this case, and 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, 3 nature and gravity of allegation levelled against the applicant and the fact that there are a total of 4 criminal antecedents out of which one has been ended in acquittal and three are pending, the charge-sheet has been filed in this case, the applicant is in jail since 07.05.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant – Rahees Khan, involved in Crime No. 166/2026, registered at Police Station – Chakarbhatta, District – Bilaspur (C.G.) for the offence punishable under Sections 331(4), 305(A), 317(4) and 3(5) 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 4 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 Rajshekhar