1 CGHC010186842026 2026:CGHC:28960 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4367 of 2026 • Abhishek Khandara S/o Sagar Khandara Aged About 24 Years R/o Kharad City, P.S. - 04 No. Chouki, District- Kharad (Punjab) ... Applicant(s) versus • State of Chhattisgarh Through - The Police Station- Bodhghat, District- Bastar (C.G.) (As Per Charge Sheet) ... Respondent(s) For Applicant(s) : Mr. Pravin Kumar Tulsiyan, Advocate For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 46/2026, registered at Police Station – Bodhghat Jagdalpur, District – Bastar (C.G.) for the offence punishable under Sections 331(4), 305 of BNS, 2023. 2. The case of the prosecution, is that on 31.01.2026 the complainant Subhansh Ganjeer has lodged the FIR against unknown person stating that he lives along with his family at Vrindavan Colony, On VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.07.14 11:15:55 +0530 2 29.01.2026 at 06:30 PM he locked his house and went along with his family to this elder brother's house at Village Dhanpunji. When he returned around 10:00 pm that night he saw that the doors were unlocked and Silver idols kept in pooja room and cash amounting to Rs. 20,000/- were missing. During the of investigation in crime no. 48/2026 registered at P.S. Kotwali District Jagdalpur on the basis memorandum statement a piece of silver idol was found from the possession of applicant and other co accused person. The Police have arrested to the applicant, hence, this bail application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. He further submits that there is nothing has been seized by prosecution from the possession of present applicant in the present case, only on the basis of memorandum statement of co-accused in crime No.48 of 2026, name of the present applicant implicated in this case. He further submits that applicant has been implicated in two FIRs of the same incident and in crime No.48 of 2026, which is registered at Police Station Kotwali, Jagdalpur District – Bastar for offence under Sections 331(4), 305, 111, 3(5) of BNS, and same pending for it’s conclusion and applicant is on bail. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 27.02.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that applicant is a resident of the State of Punjab and charge-sheet has been filed in the present case and applicant is having one criminal antecedent, and details of the same is mentioned in the bail application. 3 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, submissions made by learned counsel for the parties, also considering the fact that two FIRs have been registered against the applicant for the same incident and in crime No.48 of 2026, which is registered at Police Station Kotwali, Jagdalpur District – Bastar for offence under Sections 331(4), 305, 111, 3(5) of BNS, applicant is already been enlarged on bail, charge-sheet has been filed in the present case, the applicant is in jail since 27.02.2026, and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Abhishek Khandara, involved in Crime No.46/2026, registered at Police Station – Bodhghat Jagdalpur, District – Bastar (C.G.) for the offence punishable under Sections 331(4), 305 of BNS, 2023, be released on bail on his furnishing a personal bond with two local 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 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 him under 4 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 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. 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 vaishali