1 CGHC010222852026 2026:CGHC:29713 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5427 of 2026 1 - Bhuwan Singh Alawa S/o Ansingh Alawa Aged About 54 Years R/o Kali Devi, Post Tanda, District Dhar M.P. ... Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Kurud, District Dhamtari Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Anil Gulati, Advocate For Respondent(s)/State : Mr. Shailendra Sharma, P.L. 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 the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 302/2025 registered at Police Station- Kurud, District- RUCHI YADAV Digitally signed by RUCHI YADAV 2 Dhamtari (C.G.) for the offence punishable under Sections 331(4), 305 and 3(5) of BNS. 2. The brief facts of the prosecution case, are that the complainant, Pramod Dewangan, lodged the First Information Report alleging, inter alia, that he was running a medical store under the name and style of "Kamla Medical Store" and was residing in the house situated above the said shop. It is alleged that on 11.11.2025, after closing the shop, the complainant went to his residence. On the following morning, i.e., 12.11.2025, he received a telephone call from the Ward Councillor, Manish Sahu, informing him that the shutter of his shop was found open. Thereupon, the complainant reached the shop and found that an amount of ₹25,000/- kept therein had been stolen by some unknown person(s). It is further alleged that thefts had also been committed in the shops of other persons in the vicinity. On the basis of the said report, the police registered the FIR against unknown persons and commenced investigation. During the course of investigation, the memorandum statement of the present applicant was recorded under Section 27 of the Indian Evidence Act, wherein the applicant is alleged to have disclosed his involvement in the commission of thefts at various places. Thereafter, the applicant was arrested in connection with the aforesaid offence. 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 pertaining to the present crime 3 has been recovered from the conscious possession of the applicant. It is further submitted that except for the memorandum statement, there is no cogent incriminating material connecting the applicant with the alleged offence. It is further submitted that the charge-sheet has already been filed, the applicant is in judicial custody since 23.02.2026, and the conclusion of the trial is likely to take considerable time. On these grounds, it is prayed that the applicant be enlarged on bail. 4. Learned State counsel opposes the prayer for grant of bail and submits that, having regard to the nature and gravity of the allegations, the material collected during the course of investigation and the criminal antecedent of the applicant, 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. Considering the facts and circumstances of the case, this Court finds that no stolen property pertaining to the present crime, has been recovered from the conscious possession of the applicant. The charge-sheet has already been filed and the applicant has been in judicial custody since 23.02.2026. Thus, further custodial interrogation of the applicant is not required. Considering the period of custody undergone by the applicant, the fact that the trial is likely to take considerable time to conclude, and without expressing any opinion on the merits of the case, this Court is of 4 the considered opinion that the applicant deserves to be enlarged on bail. Although the State has opposed the prayer for bail on the ground of the applicant's criminal antecedent, the same, in the facts and circumstances of the present case, is not considered sufficient to deny the benefit of bail. Accordingly, the bail application is allowed. 7. Let the Applicant – Bhuwan Singh Alawa involved in Crime No.- 302/2025 registered at Police Station- Kurud, District- Dhamtari (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 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 his under Section 5 269 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. 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. 6 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