1 CGHC010223152026 2026:CGHC:29710 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.5448 of 2026 1 - Rahul Sahu @ Sallu S/o Santosh Sahu Aged About 19 Years R/o Surya Nagar Gogaon Raipur Khamtarai Thana Raipur, District- Raipur (C.G.) Applicant (s) versus 1 - State Of Chhattisgarh Through P.S. Khamtarai Thana District Raipur (C.G.) Respondent(s) For Applicant (s) : Mr. Sanjay Kumar Soni, Advocate For Respondent(s) : Ms. Ritika Verma, PL Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.07.2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.290/2026, registered at Police Station Khamtarai, District Raipur (C.G.) for the offence punishable under Sections 303 (2) & 3 (5) of the B.N.S.S. Digitally signed by R NIRALA 2 2. The case of the prosecution, is that the complainant Rohit Kumar Upadhyay lodged a written report at the police station concerned alleging therein that he runs Upadhyaya Transport in his name and on 24.04.2026 6 fridges and 13 washing machines were loaded in his vehicle and vehicle was kept in his house but second day he found that 5 washing machines were missing, thereafter a case was registered against unknown person and during investigation the applicant was arrested and a case was registered against him. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in crime in question. He further submitted that there is no eye witness to the incident and only on the suspicion the applicant was arrested. He next submitted that the applicant is a young boy aged about 19 years and is in jail since 28.04.2026 and there is no criminal antecedent against him and trial is likely to take quite long time for its conclusion, therefore, he prays that the applicant be released on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is involved in commission of theft, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all the documents available on record. 3 6. Taking into consideration the facts and circumstances of the case, nature of allegation and for the fact that the applicant is in jail since 28.04.2026 and conclusion of the trial is likely to take some time, therefore, I am inclined to allow this application. 7. Accordingly, the instant bail application of the applicant is allowed. 8. Let the Applicant – Rahul Sahu, involved in Crime No.290/2026, registered at Police Station Khamtarai, District Raipur (C.G.) for the offence punishable under Sections 303 (2) & 3 (5) of the B.N.S.S., 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 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 their counsel. In case of their 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Nirala