1 CGHC010194952026 2026:CGHC:28765 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4755 of 2026 Bikesh Sahu @ Ritesh S/o Late Vijay Sahu Aged About 23 Years R/o Village Darripara, Near Jyoti Shiksha School, Police Station Manipur, Ambikapur, District Surguja, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The SHO, Police Station Ambikapur, District Surguja, Chhattisgarh. ... Non-Applicant For Applicant : Miss Anushka Tripathi, Advocate. For Non-Applicant : Mrs. Smriti Shrivastava, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09/07/2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.578/2025 registered at Police Station Ambikapur District Surguja (C.G.) for the offence under Sections 331 (4) and 305-A of the BNS, 2023. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.11 11:32:40 +0530 2 2. The prosecution case, in brief, is that 17.8.2025, the complainant lodged a written complaint with the concerned Police Station stating that the complainant along with his relatives was travelling from Allahabad to Raigarh and during night they stayed at Raen Basera Rest House situated at New Bus Stand, Ambikapur. It is alleged that during the intervening night, an unknown person committed theft of 3 mobile phones and cash amount of Rs.3,000/- while the complainant and his relatives were sleeping. Thereafter during investigation, CCTV footage was seized and on the basis of suspicion, the present applicant was apprehended and interrogated. It is also alleged that the applicant admitted his involvement in the crime and pursuant to his memorandum statement, stolen mobile phones were recovered from his possession whereas the cash amount was allegedly spent by him. Hence the bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. The prosecution story is highly doubtful and the entire case is based mainly upon memorandum statement and alleged recovery, which shall be tested during trial. The applicant has 3 criminal antecedents under the IPC and BNS, out of which one case has already been disposed of and two cases are pending. The applicant is in jail since 31.12.2025. Therefore, the applicant may be released on bail. 3 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicant has 3 criminal antecedents under the IPC and BNS, out of which one case has already been disposed of and two cases are pending, and the charge sheet has been submitted against the applicant. Therefore, the bail application may be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, and the fact that the charge sheet has already been submitted against the applicant, the applicant has 3 criminal antecedents under the IPC and BNS, out of which one case has already been disposed of and two cases are pending, which is mentioned in the bail application, the applicant is in jail since 31.12.2025 and conclusion of trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Bikesh Sahu @ Ritesh, involved in Crime No. 578/2025 registered at Police Station Ambikapur, District Surguja (C.G.) for the offence under Sections 331 (4) & 305-A of BNS, be released on bail on furnishing 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 4 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 their 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 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 5 applicants are 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 them 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. Sd/- (Ramesh Sinha) Chief Justice Barve