1 2026:CGHC:12131 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1959 of 2026 Deepak Tandan S/o Raj Narayan Aged About 18 Years R/o Village Mahmand, Police Station Torwa, Tahsil And District Bilaspur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Torwa, District Bilaspur, Chhattisgarh. ... Respondent For Applicant : Shri Rahul Goswami, Advocate. For Respondent/State : Shri Sourabh Sahu, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/03/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.531/2025 registered at Police Station Torwa, District- Bilaspur, (C.G.) for the offence punishable under Sections 331(4), 305 (A), 238 of B.N.S. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.03.16 12:25:26 +0530 2 2. Case of the prosecution, in brief, is that on 26.11.2025, the complainant Ashish Singh Thakur informed the Police Station Torwa that on 22.11.2025, due to the death of his father-in-law, he had locked his house and gone to amalai with his family on 24.11.2025, when he returned after dropping his wife and children, he saw that the front door of his house was open. When he went inside the house. He found the cupboard door broken and the contents stolen and all other items thrown away. The thieves had made off with gold and silver jewellery and Rs.50,000/- in cash from his house. Based on the above information, a case was registered under Section 331 (4), 305 (A), 238 of B.N.S at Torwa Police Station, Bilaspur taken into consideration. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely been implicated in this case and the police did not conduct proper enquiry about the incident for registering FIR against the applicant. He would submit that the police has not seized any article from the possession of the applicant and the allegation made by the complainant is false and baseless against applicant. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 05/02/2026 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal antecedents. He would further submit that no seizure has been made from the applicant. 5. I have heard learned counsel appearing for the parties and perused the 3 case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, period of detention of the applicant since 05/02/2026, charge sheet has been filed, no seizure has been made from the applicant, he has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Deepak Tandan, involved in Crime No.531/2025 registered at Police Station Torwa, District- Bilaspur, (C.G.) for the offence punishable under Sections 331(4), 305 (A), 238 of B.N.S., be released on bail on his furnishing a 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 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 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri