1 CGHC010230182026 2026:CGHC:29195 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5608 of 2026 1 - Amar Khunte S/o Ashwani Khunte Aged About 20 Years R/o Village Tiwraiya, Police Station Dharsiwa District- Raipur (C.G.) … Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Dharsiwa District- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Utkarsh Shrivas, Advocate For Respondent(s)/State : Mr. Sourabh Sahu, P.L. 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. 248/2026 registered at Police Station- Dharsiwa, District- RUCHI YADAV Digitally signed by RUCHI YADAV 2 Raipur (C.G.) for the offence punishable under Sections 331(4), 305 and 3(5) of BNS. 2. As per the prosecution story, in brief, on the basis of a written complaint lodged by the complainant, Love Kumar Yadav, the police registered Crime No. 248/2026 at Police Station Dharsiwa, District Raipur (C.G.), alleging that during the intervening night of 10.05.2026, unknown persons committed theft of approximately 3 quintals of steel structures valued at ₹15,000/- from the premises of Amoliya Construction & Engineering by trespassing into the workshop. During the course of investigation, the present applicant and other co-accused were arrested. 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 no stolen property has been recovered from the exclusive possession of the applicant and that his alleged implication is based on insufficient material. Learned counsel further submits that the applicant is a young person aged about 20 years and has been in judicial custody since 13.05.2026. It is also submitted that the investigation is still in progress and the charge-sheet has not yet been filed. He next contends that the applicant has no criminal antecedents and the conclusion of the trial is likely to take considerable time, it is prayed that the applicant be enlarged on bail. 3 4. Learned State counsel opposes the prayer for grant of bail and submits that, considering the nature and gravity of the allegations and the material collected during the course of investigation, no case for grant of bail is made out. 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 considered the overall facts and circumstances of the case, particularly the fact that no stolen property has been recovered from the exclusive possession of the applicant, the applicant has no criminal antecedents, has been in judicial custody since 13.05.2026, the investigation is still in progress and the charge-sheet has not yet been filed and the conclusion of the trial is likely to take considerable time, this Court is of the considered opinion that, without expressing any opinion on the merits of the case, the applicant deserves to be enlarged on bail. Accordingly, the application is allowed. 7. Let the Applicant – Amar Khunte involved in Crime No.- 248/2026 registered at Police Station- Dharsiwa, District- Raipur (C.G.) for the offence punishable under Sections 331(4), 305 and 3(5) 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 4 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 fixed for (i) opening of the case, (ii) framing of 5 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