1 CGHC010222632026 2026:CGHC:29728 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5176 of 2026 Mukesh Pradhan S/o Setram Pradhan Aged About 30 Years R/o Village Rudukela, Police Station Lailunga, District- Raigarh (C.G.) --- Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Chakradhar Nagar, Raigarh, District- Raigarh (C.G.) --- Non-applicant For Applicant : Mr. Amit Singh Chauhan, Advocate. For Non-applicant/State : Mr. Sangharsh Pandey, Govt. Advocate. Along with MCRC No. 5469 of 2026 Purushottam Pradhan Son Of Bhojram Pradhan Aged About 32 Years Resident Of Mudagaon, P.S. Lailunga, District Raigarh Chhattisgarh ---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station Chakradharnagar, District Raigarh (C.G.) --- Non-applicant For Applicant : Mr. Sudhir Kumar Sahu, Advocate. For Non-applicant/State : Mr. Sangharsh Pandey, Govt. Advocate. Along with MCRC No. 5223 of 2026 Mukesh Pradhan S/o Setram Pradhan Aged About 30 Years R/o Village- Rudukela, Police Station- Lailunga, District- Raigarh (C.G.) ---Applicant Versus State Of Chhattisgarh Through - Station House Officer, Police Station- Kotra Road, Raigarh, District- Raigarh (C.G.) RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 --- Non-applicant For Applicant : Mr. Amit Singh Chauhan, Advocate. For Non-applicant/State : Mr. Sangharsh Pandey, Govt. Advocate. Along with MCRC No. 5246 of 2026 Purushottam Pradhan S/o Bhojram Pradhan Aged About 32 Years R/o Mudagaon, P.S. Lailunga, District Raigarh Chhattisgarh ---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station Kotraroad, District – Raigarh, Chhattisgarh. --- Non-applicant For Applicant : Mr. Sudhir Kumar Sahu, Advocate. For Non-applicant/State : Mr. Sangharsh Pandey, Govt. Advocate. Along with MCRC No. 5772 of 2026 Irshad Khan S/o Shri Ibrahaim Khan Aged About 22 Years R/o Village- Karwarjor, Thana - Lailunga, Distt.- Raigarh (C.G.) (Applicants Name Is Correctly Mentioned) ---Applicant Versus State Of Chhattisgarh Through Station House Officer - Chakradhar Nagar, District – Raigarh (C.G.) ---- Non-applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-applicant/State : Mr. Sangharsh Pandey, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.07.2026 1. In MCRC No. 5176/2026, MCRC No. 5469/2026 and MCRC No. 5772/2026 :- The applicants have preferred these First Bail Applications under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 29/2026, registered at Police Station – 3 Chakradhar Nagar, District – Raigarh (C.G.) for the offence punishable under Sections 303(2), 317(2), 336(3), 340(2) and 112(2) of the BNS. 2. In MCRC No. 5223/2026 and MCRC No. 5246/2026 :- The applicants have preferred these First Bail Applications under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 02/2026, registered at Police Station – Kotraroad, District – Raigarh (C.G.) for the offence punishable under Sections 303(2), 317(4), 336(3), 340(2) and 111(1) of the BNS. 3. The case of the prosecution, is that the complainants have lodged the report at the Police Station concerned that on the date of incident, some unknown persons have committed theft of their motorcycle from the place of alleged incident, and on the basis of the complaint made by the complainant, the Police of Police Station concerned has registered the FIR against the unknown persons, and during the course of investigation the Police has arrested the applicants on the basis of the memorandum statements. Hence, this application. 4. It is argued by the learned counsel for the applicant that the applicants are innocent and have been falsely implicated in this case. It has been submitted that though the applicants are stated to have a total of 7 criminal antecedents including the present cases, but actually the applicants were arrested in case Crime No.09/2026 registered in Police Station- Punjipathra, District – Raigarh, in which the applicants Mukesh Pradhan, Purushottam Pradhan and Irshad Khan have already been granted bail by this Court vide order dated 12.05.2026 4 passed in MCRC Nos. 2175/2026, 2233/2026 and 2310/2026, respectively, and on the basis of one memorandum statement a total of 7 cases have been registered against them, and in the rest cases the applicants are already released on bail. It is further submitted that the charge-sheet has been filed in this case. The applicants are in jail since 18.03.2026 in MCRC Nos. 5176/2026, 5469/2026 and 5772/2026, and since 19.02.2026 in MCRC Nos. 5223/2026 and 5246/2026, respectively, and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposes the bail application and submits that the applicants are said to have committed theft of motorcycles of the complainants and the different recovery of articles and motorcycles have also been made from their possession, and there is a total of 7 criminal cases have been registered against the applicants, the charge-sheet has been filed in this case and therefore, the applicants are not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that though the applicants are stated to have a total of 7 criminal antecedents including the present cases, but actually the applicants were arrested in case Crime No.09/2026 registered in Police Station- Punjipathra, District – Raigarh, in which the applicants Mukesh Pradhan, Purushottam Pradhan and Irshad Khan have already been 5 granted bail by this Court vide order dated 12.05.2026 passed in MCRC Nos. 2175/2026, 2233/2026 and 2310/2026, respectively, and on the basis of one memorandum statement a total of 7 cases have been registered against them, and in the rest cases the applicants are already released on bail, the charge-sheet has been filed in these cases, the applicants are in jail since 18.03.2026 in MCRC Nos. 5176/2026, 5469/2026 and 5772/2026, and since 19.02.2026 in MCRC Nos. 5223/2026 and 5246/2026, respectively, and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. Let applicants – Mukesh Pradhan, Purushottam Pradhan and Irshad Khan, involved in Crime No. 29/2026, registered at Police Station – Chakradhar Nagar, District – Raigarh (C.G.) for the offence punishable under Sections 303(2), 317(2), 336(3), 340(2) and 112(2) of the BNS, and the applicants - Mukesh Pradhan and Purushottam Pradhan, involved in Crime No. 02/2026, registered at Police Station – Kotraroad, District – Raigarh (C.G.) for the offence punishable under Sections 303(2), 317(4), 336(3), 340(2) and 111(1) of the BNS, be released on bail on their furnishing a personal bond with two sureties each 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 6 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 Rajshekhar