1 CGHC010148062026 2026:CGHC:29395 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3584 of 2026 1 - Hemant @ Kanha Agrawal S/o Rajkumar Agrawal Aged About 25 Years R/o Village Ansula, Police Station Sankara, Tahsil- Pithaura, District Mahasamund Chhattisgarh. --- Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Sankara, District Mahasamund Chhattisgarh. --- Respondent(s) With MCRC No. 3892 of 2026 1 - Shubham Sahu S/o Narendra Kumar Sahu Aged About 20 Years R/o Village Ward No. 11, Shyamnagar Jhalap, Police Station - Patewa, Tahsil And District Mahasamund Chhattisgarh ---Applicant(s) Versus RUCHI YADAV Digitally signed by RUCHI YADAV 2 1 - State of Chhattisgarh Through Police Station Sankara, District Mahasamund Chhattisgarh --- Respondent(s) For Applicant(s) : Mr. Suresh Tandon, Advocate in MCRC No. 3584 of 2026 Mr. Surfaraj Khan, Advocate in MCRC No. 3892 of 2026 For Respondent(s)/State : Ms. Ritika Verma, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/07/2026 1. Since the aforesaid bail applications arise out of the same crime number, they are being heard and decided by this common order. 2. The present is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS"), seeking grant of regular bail to the applicants, who have been arrested in connection with Crime No. 186/2025 registered at Police Station- Sankara, District- Mahasamund (C.G.), for the offences punishable under Sections 331 (2), 305A and 3(5) of BNS, 2023. 3. The prosecution case, in brief, is that on 06.12.2025, the complainant, Yogesh Agrawal, lodged a report at the concerned Police Station stating that he had gone to Raipur along with his family to attend a marriage ceremony on the intervening night of 04/05.12.2025. Upon returning to his house on 05.12.2025 at about 7:30 a.m., he found that the lockers of the almirahs had 3 been broken open and cash amounting to ₹11,00,000/- along with gold and silver ornaments had been stolen by unknown persons. On the basis of the said report, offence was registered against unknown persons for the alleged offence. 4. In MCRC No. 3584 of 2026, learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant has also preferred MCRC No. 4383 of 2026 before this Court, which is pending consideration. It is submitted that the applicant has been in judicial custody since 18.01.2026. The investigation has been completed and the charge-sheet has already been filed. Since the conclusion of the trial is likely to take considerable time, it is prayed that the applicant be enlarged on bail. 5. In MCRC No. 3892 of 2026, learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant has no criminal antecedents and has been in judicial custody since 18.01.2026. The investigation has been completed and the charge-sheet has already been filed. Since the conclusion of the trial is likely to take considerable time, it is prayed that the applicant be enlarged on bail. 6. Learned State counsel opposes the prayer for grant of bail and submits that the charge-sheet has already been filed. It is further 4 submitted that the applicant, Hemant @ Kanha Agrawal, has one criminal antecedent, whereas the applicant, Shubham Sahu, has no criminal antecedents. Considering the nature and gravity of the allegations and the material collected during the course of investigation, the applicants are not entitled to be released on bail. Accordingly, it is prayed that the bail applications be rejected. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Considering the nature of the allegations, the fact that the investigation has been completed and the charge-sheet has already been filed, the period of custody undergone by the applicants since 18.01.2026 and the conclusion of the trial is likely to take considerable time, this Court is of the opinion that further custodial interrogation of the applicants is not required. In the aforesaid facts and circumstances, without expressing any opinion on the merits of the case, this Court is inclined to extend the benefit of regular bail to both the applicants. Accordingly, the bail applications deserve to be and are hereby allowed. 9. Let the applicants, namely Hemant @ Kanha Agrawal and Shubham Sahu, involved in Crime No. 186/2025 registered at Police Station- Sankara, District- Mahasamund (C.G.), for the offences punishable under Sections 331 (2), 305A and 3(5) of BNS, 2023, be released on bail on their furnishing personal 5 bonds with two sureties each in the like sum to the satisfaction of the Court concerned, subject to the following conditions:- (i) The applicants shall file an undertaking to the effect that 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 6 (iv) The applicants 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 applicants 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 them in accordance with law. 10. 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. 11. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Ruchi