1 CGHC010269332026 2026:CGHC:29932 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6279 of 2026 1 - Avinash Kumar @ Sunny Yadav S/o Randheet Yadav, Aged About 28 Years R/o Village Naya Tola, Jurabganj, Ward No. 01, Beside Canal, Police Station - Kodha, District Katihar (Bihar) 2 - Deepak Kumar Yadav, S/o Jeewan Lal Yadav, Aged About 36 Years R/o Village Naya Tola, Jurabganj, Ward No. 01 Beside Canal, Police Station - Kodha, District Katihar (Bihar) ... Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Station - Ambikapur, District – Sarguja (C.G.) ---- Non-applicant For Applicants : Mr. Kashish Saluja, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.07.2026 1. The applicants have preferred this First Bail Application 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. 912/2025, registered at Police Station – Ambikapur, District – Sarguja (C.G.) for the offence punishable under Sections 303(2), 112 and 3(5) of the BNS. 2. The case of the prosecution, is that the complainant Nitesh Kumar Gupta, father Krishna Prasad Gupta, age 35 years, resident of Bhatti RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Road Kushwaha Complex, Ambikapur district Sarguja lodged a report on 05.12.2025 at Kotwali Ambikapur police station that on 04.12.2025 at 04.00 pm, the complainant had gone to Punjab National Bank at Brahma Road to deposit money and to give Rs. 2 lakh to his acquaintance Vikas Kumar Gupta, who has a shop in Brahma Road by the name of Sai Drill, keeping the money in a bag. After depositing Rs. 30 thousand in the bank, the applicant went to Vikas Gupta's shop at Brahma Road. Vikas Gupta was inside his shop when the complainant kept the bag containing Rs. 2 lakh in the trunk of his Scooty electric vehicle outside the shop and went to Vikas's other shop. The complainant met his acquaintance Vikas and went to the scooter to get the money immediately. He saw that the trunk of the scooter was open and the bag kept in the trunk did not contain Rs. 2 lakh. On that information, a crime was registered and taken up for investigation. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there are a total of 6 criminal antecedents of the applicants out of which 3 are listed today, one is the present case and the other two are bearing MCRC Nos.4048/2026 and 6174/2026. It is further submitted that the charge-sheet has been filed in this case. The applicants are in jail since 19.02.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are a total of 6 criminal antecedents of the applicants out of which 3 are listed today, and the charge-sheet 3 has been filed in this case. It is further submitted that a total of Rs. 5,000/- has also been recovered from the possession of the applicant No.1, therefore, the applicants are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that there are a total of 6 criminal antecedents of the applicants out of which 3 are listed and being allowed today, one is the present case and the other two are bearing MCRC Nos.4048/2026 and 6174/2026, the charge-sheet has been filed in this case, the applicants are in jail since 19.02.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. 7. Let applicants – Avinash Kumar @ Sunny Yadav and Deepak Kumar Yadav, involved in Crime No. 912/2025, registered at Police Station – Ambikapur, District – Sarguja (C.G.) for the offence punishable under Sections 303(2), 112 and 3(5) of the BNS, be released on bail on his furnishing a 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 4 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. 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 Rajshekhar