1 CGHC010237602026 2026:CGHC:30039 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5724 of 2026 Bhanu Pratap Khunte S/o Manohar Lal Khunte Aged About 22 Years R/o Village Hirri, P.S. City Kotwali, Sarangarh, Tahsil Sarangarh, Distt. Sarangarh Bilaigarh, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. City Kotwali, Distt. Raigarh, Chhattisgarh) ...Non-applicant For Applicant : Mr. Amit Singh Chauhan, Advocate. For Non-applicant/State : Ms. Anusha Naik, Dy. G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 15.07.2026 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. 339/2025 registered at Police Station - City Kotwali, District - Raigarh (C.G.), for the offences punishable under Section 303(2),112(2) & 3(5) of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.16 11:11:30 +0530 2 2. The prosecution story in brief is that on 15.07.2025, the complainant Mohd. Raja Khan lodged report at Police Station, Kotwali Raigarh, alleging therein that on 13.07.2025 some unknown person has stolen his motorcycle bearing registration no. CG-13-AY-8167 from Electricity Office, Itwari Bazar, Raigarh. On the basis of said report, the FIR No. 339/2025 was registered against unknown person and during course of investigation,the accused persons including present applicant have been arrested. 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 the investigation has been completed and the charge- sheet has already been filed; therefore, the applicant's further custodial detention is not required and the trial is likely to take considerable time to conclude. It is further submitted that two motorcycles, namely, a Platina motorcycle bearing Chassis No. MD2A76AY7KWF30101 and Engine No. PFYWKF40831, and a Splendor Plus motorcycle bearing Chassis No. MBLHAW223RHA67128 and Engine No. HA11E7RHA68891, have been recovered from the applicant, and on the basis of the same alleged seizure, the applicant has also been implicated in Crime No. 428/2025 registered at Police Station Kharsia, Crime No. 357/2025 registered at Police Station Chakradharnagar, and Crime No. 495/2025 registered at Police Station Kotwali, Raigarh. It is submitted that the applicant has been in judicial custody since 23.09.2025 in connection with Crime No. 339/2025 registered at Police Station Chakradharnagar and was formally arrested in the present case on 07.10.2025. Learned counsel further submits that the applicant shall 3 regularly appear before the trial Court, shall not misuse the liberty granted to him, and shall abide by all such terms and conditions as may be imposed by this Hon'ble Court while enlarging him on bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed in the present case, and the applicant has five criminal antecedent, therefore, he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and further taking into account that the charge-sheet has already been submitted before the competent Court and the applicant has remained in judicial custody since 07.10.2025, coupled with the fact that conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant has made out a case for grant of bail in the present matter. 7. Let the Applicant – Bhanu Pratap Khunte, involved in Crime No. 339/2025 registered at Police Station - City Kotwali, District. Raigarh (C.G.), for the offences punishable under Section 303(2),112(2) & 3(5) of the BNS, be released on bail on his 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 4 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 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 Vaibhav