1 CGHC010225652026 2026:CGHC:29016 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5287 of 2026 Nandkumar Kenwat S/o Sahorik Kenwat Aged About 19 Years R/o Near Patel Bhavan Mangla P.S. Civil Line District – Bilaspur, C.G. ... Applicant versus State of Chhattisgarh Through- Station House Officer, Police Station Civil Line District – Bilaspur, C.G. … Non-Applicant For Applicant : Ms. Megha Mishra, Advocate. For Non-Applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2026 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. 128/2026 registered at Police Station – Civil Line, District - Bilaspur (C.G.), for the offences punishable under Sections 331(4), 305(a) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that on 21.01.2026, the complainant, Anurag Upadhyay, who was residing in a rented house owned by Neeraj Tiwari at Shubham Vihar, Mangla, went to Tilda-Newra along with his family. When he returned on 26.01.2026, he found that the lock of his house had been broken and cash amounting to Rs.30,000/- along with PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.12 12:50:24 +0530 2 gold and silver ornaments worth approximately Rs.30,000/- had been stolen by some unknown person(s). Thereafter, the complainant lodged a report, on the basis of which an FIR was registered against unknown persons. During the course of investigation, the present applicant and the co-accused persons were arrested, and upon completion of the investigation, the charge-sheet was filed against them. 3. It is submitted by learned counsel for the applicant that the present applicant is innocent and has been falsely implicated in the aforesaid case. It is further submitted that, on the basis of a single memorandum, four criminal cases have been registered against the present applicant, and in three of those cases, the applicant has already been granted bail by the trial Court. Copies of the bail orders have been annexed as Annexure A/3 (Colly.). She further submits that, in the present case, only Rs.2,200/- has been seized from the possession of the applicant. It is further contended that the charge-sheet has already been filed. The applicant has been in judicial custody since 26.01.2026. In light of the aforesaid facts and circumstances, it is prayed that the applicant be released on regular bail.. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has already been filed in the present case. She further submits that cash amounting to Rs.2,200/- has been seized from the possession of the applicant and that the criminal antecedents of the applicant have been explained in Paragraph 4.A of the present bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature of allegations, and the material available on record, particularly the 3 fact that the charge-sheet has already been filed, cash amounting to Rs.2,200/- has been seized from the possession of the applicant and that the criminal antecedents of the applicant have been explained in Paragraph 4.A of the present bail application and he is in jail since 26.01.2026, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the Applicant – Nandkumar Kenwat, involved in Crime No. 128/2026 registered at Police Station – Civil Line, District - Bilaspur (C.G.), for the offences punishable under Sections 331(4), 305(a) and 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his 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 effect that she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant 4 fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, 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 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 her 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 Preeti