1 CGHC010255522026 2026:CGHC:28422 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6107 of 2026 Chetan Dewangan S/o Late Devanand Dewangan Aged About 20 Years Resident Of Shanti Chowk, Sorid Ward Dhamtari, District Dhamtari (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station City Kotwali, Dhamtari District Dhamtari (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pushpendra Kumar Patel, Advocate For Respondent(s) : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.76/2026, registered at Police Station- City Kotwali, Dhamtari, District- Dhamtari (C.G.) for the offence punishable under Sections 331(4), 305(a) and 3(5) of the BNS, 2023. MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2026.07.10 11:12:18 +0530 2 2. The prosecution case, in brief, is that on 16.03.2026, the complainant, Nupendra Magendra, lodged a written report at Police Station- City Kotwali, Dhamtari, alleging that during the intervening night of 14/15.03.2026, unknown persons had committed theft by breaking open the door of his shop situated adjacent to his house and stolen gold and silver ornaments worth approximately Rs.2,27,000/-. On the basis of the said report, Crime No. 76/2026 was registered for the offences punishable under Sections 331(4), 305(a) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. During the course of investigation, the present applicant and two other co-accused, namely Chetan Dewangan, Laxmi Kant Dewangan and Smt. Tikeshwari Dewangan, were implicated and, upon completion of the investigation, a charge- sheet was filed before the learned Chief Judicial Magistrate, Dhamtari. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and that no prima facie case is made out against him. It is contended that only Rs.3,500/- in cash has been seized from his possession and no stolen ornaments have been recovered from him. The investigation has been completed and the charge-sheet has already been filed, therefore, there is no possibility of the applicant influencing the prosecution witnesses or tampering with the evidence. It is further submitted that the applicant is in judicial custody since 17.03.2026, the trial is likely to take considerable 3 time, and his continued incarceration would seriously prejudice his future. It is also submitted that the applicant has only one criminal antecedent, namely an NDPS Act case of the year 2023, in which he has already been granted bail. Hence, it is prayed that the applicant be enlarged on bail. 4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicant and also the submissions advanced by learned counsel for the applicant, but could not dispute the fact that from present applicant on Rs.3,500/- has been seized and further from the co-accused, stolen articles have been recovered. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, particularly the fact that only Rs. 3,500/- in cash has been seized from the possession of the present applicant and no stolen ornaments have been recovered from him, the investigation has been completed and the charge-sheet has already been filed, the applicant is in judicial custody since 17.03.2026, the trial is likely to take considerable time, and notwithstanding the criminal antecedent of the applicant under the NDPS Act in which he is already on bail, but without commenting on the merits of the case, this Court is inclined to allow the present bail application. 7. Let applicant, Chetan Dewangan, involved in Crime No.76/2026, 4 registered at Police Station- City Kotwali, Dhamtari, District- Dhamtari (C.G.) for the offence punishable under Sections 331(4), 305(a) and 3(5) of the BNS, 2023, 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 them 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 Bharatiya Nyaya Sanhita 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 Section 209 of Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Manpreet