1 CGHC010213712026 2026:CGHC:28649 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.4983 of 2026 Jivan Kailash (But) S/o Shri Banshu Aarmo, Aged About 25 Years Caste - Gond, R/o Village- Dhandhapur (Wrongly Mentioned As ''Dhandhsapur'', In The Impugned Order Dated 25-04-2026), Mahuaapara, Police Station - Rajpur (Wrongly Mentioned As ''Balrampur'' In The Impugned Order Dated 25-04-2026), Tahsil - Balrampur, District - Balrampur - Ramanujganj (C.G) ---Applicant versus State Of Chhattisgarh Through - The Station House Officer, Police Station - Manipur, District - Sarguja (C.G.). --- Non-applicant M.Cr.C No.5444 of 2026 Jivan Kailash (But) S/o Shri Banshu Aarmo Aged About 25 Years Caste Gond, R/o Village Dhandhapur, (Wrongly Mentioned As Dhandhsapur, In The Impugned Order Dated 25-04-2026), Mahuaapara, Police Station Rajpur, (Wrongly Mentioned As Balrampur In The Impugned Order Dated 25-04-2026) Tahsil Balrampur, District- Balrampur- Ramanujganj (C.G.) ---Applicant SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.10 13:01:08 +0530 2 Versus State Of Chhattisgarh Through The Station House Officer, Police Station Manipur, District- Sarguja (C.G.) --- Non-applicant _____________________________________________________ For Applicant :Mr. Rishi Rahul Soni, Advocate. For Non-applicant/State :Ms. Ritika Verma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.07.2026 1. The Applicant has preferred these 1st Bail Applications under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has arrested in connection with Crime Nos.25/2026 and 52/2026 respectively registered at Police Station Manipur, Surguja (C.G.), for the offences under Sections 305(b), 111 and 3(5) of BNS, 2023. 2. Prosecution story, in brief, is that in Crime No.25/2026, between 18:30 hours of 04.02.2026 and 00:30 hours of 05.02.2026 and in Crime No.52/2026, between 20:00 hours of 09.03.2026 and 07:30 hours of 10.03.2026, the present Applicant/accused and co-accused Chandan Gupta allegedly committed theft of the motorcycles belonging to complainants Kaval Sai and Rajesh Kumar, respectively, i.e., Splendor Pro 3 bearing registration No. CG-15/DT-9341, which was parked at the premises of District Hospital, Ambikapur and Honda Dream CD110 bearing registration No. CG-13/V-2410, which was parked below Fusion Finance Office. Initially, the FIRs were registered against unknown persons, however, during investigation, the Applicant and co-accused were allegedly found to be involved in the commission of theft. After completion of investigation, charge-sheets have been filed against the Applicant and co-accused. Hence, these applications. 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 alleged seizure of the vehicles was made from an open place where the vehicles were allegedly concealed and therefore, the same cannot be said to be within the exclusive knowledge or possession of the Applicant. He lastly submits that the charge-sheet has been filed, the Applicant is in judicial custody since 06.04.2026 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 applications. 4 5. Considering the submissions advanced by learned Counsel for the parties, the nature of allegations, the fact that the alleged stolen vehicles were recovered from an open place and charge-sheet has already been filed, the fact that the Applicant is in jail since 06.04.2026 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 these are fit cases to allow the applications. Accordingly, both the bail applications are allowed. 6. Let Applicant-Jivan Kailash (But) involved in Crime No. 25/2026 and 52/2026 registered at Police Station Manipur, Surguja (C.G.), for the offences under Sections 305(b), 111 and 3(5) 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 5 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