1 CGHC010215932026 2026:CGHC:28680 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5095 of 2026 1 - Amrit Lal Kerketta S/o Dharam Das Kerketta Aged About 50 Years R/o Saktar P. S. Jari District- Gumla Jharkhand (Wrongly Mention As Chhattisgarh. ... Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer Police Station City Kotwali District- Jashpur Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Krishna Tandon, Advocate For Respondent(s)/State : Ms. Nupur Trivedi, P.L. Hon'ble Mr. 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 RUCHI YADAV Digitally signed by RUCHI YADAV 2 to the applicant who has been arrested in connection with Crime No. 156/2026 registered at Police Station- City Kotwali, District- Jashpur (C.G.) for the offence punishable under Sections 331(4), 305 (A), 317 (2), 3 (5) of BNS. 2. As per the prosecution case, in brief, the complainant, Vikram Tamrakar, lodged a First Information Report on 10.05.2026 alleging that during the intervening night of 09.05.2026 and 10.05.2026, unknown persons committed house-breaking and theft at his grocery shop situated near Laxmi Gudi Temple, Jashpur, and decamped with grocery items and other daily-use articles valued at approximately ₹1,00,000/-. During the course of investigation, the co-accused persons were apprehended and, on the basis of their memorandum statements, the present applicant came to be implicated and was subsequently arrested in connection with the said offence. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant has been implicated solely on the basis of the memorandum statement of the co-accused and no incriminating article or stolen property has been recovered from his conscious possession. Learned counsel further submits that applicant has no criminal antecedent, the applicant has been in judicial custody since 18.05.2026 and the investigation is still in progress and the charge-sheet has not yet been filed. The conclusion of the trial is likely to take considerable time. 3 Accordingly, it is prayed that the applicant be enlarged on bail. 4. Per contra, learned State counsel opposes the prayer for bail and submits that the investigation is still in progress, the charge-sheet has not yet been filed and sufficient material has been collected indicating the involvement of the applicant in the alleged offence. It is, therefore, prayed that the bail application be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Having regard to the nature of the allegations, the fact that the applicant has no criminal antecedents, has been in judicial custody since 18.05.2026 and considering that the applicant is stated to have been implicated on the basis of the memorandum statement of the co-accused, this Court is of the opinion that further custodial detention of the applicant is not warranted. Without expressing any opinion on the merits of the case and considering that the conclusion of the trial is likely to take considerable time, this Court is inclined to enlarge the applicant on bail. Accordingly, the bail application is allowed 7. Let the Applicant – Amrit Lal Kerketta involved in Crime No.- 156/2026 registered at Police Station- City Kotwali, District- Jashpur (C.G.) for the offence punishable under Sections 331(4), 305 (A), 317 (2), 3 (5) of BNS, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 (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 his 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 5 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 9. 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 Ruchi