1 CGHC010209982026 2026:CGHC:28986 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5048 of 2026 Aman Khan S/o Abdul Nasib Khan Aged About 20 Years R/o Dharsiwa, Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Dharsiwa Police Station Raipur (C.G.) ... Non-applicant For Applicant : Mr. Janu Khare along with Ms. Karuna Masih, Advocates. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2026 1. This is the second 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. 136/2026 registered at Police Station - Dharsiwa, District – Raipur (C.G.), for the offences punishable under Sections 331(4), 305 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The earlier bail application filed by the applicant, being MCRC No. 4186 of 2026, was dismissed on account of defects by this Court vide order dated 06.05.2026. 3. As per the prosecution story, according to the FIR annexed as Annexure ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.13 11:47:23 +0530 2 A/2, during the year 2025–2026, the Krishi Seva Sahakari Samiti, acting under the orders of the Government, purchased paddy from farmers at the rate of Rs. 3,100/- per quintal. Due to unforeseen circumstances, the Krishi Seva Sahakari Samiti was unable to transport the stock and, consequently, stored 3,500 bags of paddy, each weighing 40 kg, in the FCI godown at Dharsiwa, Raipur, under lock and key. On 06.03.2026 at about 7:00 PM, the authorized officer inspected the godown and found the stock intact. However, on 08.03.2026, being Sunday, it was discovered that paddy weighing 24 quintals, valued at Rs. 74,400/-, had been stolen after an unidentified person allegedly broke through the wall of the godown. 4. Learned counsel for the applicant submits that this is the second bail application of the applicant, the first bail application was dismissed on account of defects by this Court vide order dated 06.05.2026 in MCRC No. 4186 of 2026. He also submits that the FIR was originally registered against unknown and unidentified persons, and the applicant has been implicated merely on the basis of suspicion, without any substantive or credible evidence connecting him with the alleged offence. He submits that the applicant was arrested from his residence on the day following the registration of the FIR. However, no recovery of the alleged stolen paddy or any incriminating tools or articles was made from his possession. The FIR itself appears to be doubtful, as it states that the authorized officials had stored the paddy bags in the FCI godown for reasons not disclosed therein. Further, the FIR records that the officials inspected the godown on 08.03.2026, which was a Sunday. These circumstances raise serious doubts regarding the authenticity of the alleged incident as well as the timing and manner in which the report came to be lodged. He also submits that the applicant has no criminal 3 antecedents and he is in jail since 09.03.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail in the present case. 5. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, particularly the fact that the FIR was initially registered against unknown persons, no recovery has been made from the possession of the applicant, the applicant has no criminal antecedents, the charge-sheet has already been filed before the competent Court, the applicant has been in judicial custody since 09.03.2026, and the conclusion of the trial is likely to take considerable time, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 8. 8. Let the Applicant – Aman Khan, involved in Crime No. 136/2026 registered at Police Station - Dharsiwa, District – Raipur (C.G.), for the offences punishable under Sections 331(4), 305 and 3(5) of the Bhartiya 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 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 4 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 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. 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 Abhishek