1 CGHC010266432026 2026:CGHC:29941 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6301 of 2026 1 - Bhikham Lal Sinha S/o. Sundar Lal Sinha, Aged About 28 Years R/o. Village- Parsuli, Thana- Deori, Distt- Balod (C.G.) 2 - Jitesh @ Jeetu Sonkar S/o Premlal Sonkar, Aged About 19 Years R/o. Village- Parsuli, Thana- Deori, Distt- Balod (C.G.) 3 - Rameshwar @ Jhamman Sonkar S/o Purshottam Sonkar, Aged About 20 Years R/o. Village- Parsuli, Thana- Deori, Distt- Balod (C.G.) ... Applicant(s) versus The State Of Chhattisgarh Through S H O, Thana- Deori, Distt- Balod (C.G.) ... Respondent(s) For Applicant(s) : Mr. Samir Singh, Advocate. For Respondent(s) : Ms. Nupur Trivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/07/2026 1. This is the first bail application filed under Section 483 of the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 70/2026 registered at Police Station Deori, Distt- Balod (C.G.) for the offence punishable under Sections 331(4), 305, 3(5) of BNS. 2. Case of the prosecution, in brief, is that on 26.04.2026, while the complainant and his family had gone to attend an engagement ceremony, unknown persons allegedly broke open the latch of the main door of his house and committed theft of gold and silver ornaments worth approximately Rs.1,50,000/- along with cash of Rs.51,000/-. On the basis of the complainant's report, an FIR was registered against unknown persons. During investigation, the present applicants were apprehended and, on the basis of the memorandum statement of one of the accused and other material collected during investigation, their prima facie involvement in the offence was found. They were arrested and, after completion of investigation, the charge-sheet was filed before the competent Court. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and he has been falsely implicated in offence in question. He further submits that no seizure of any incriminating article has been made from the possession of applicants, Jitesh and Rameshwar. The applicants are in jail since 09.05.2026, the applicant has no criminal 3 antecedents, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicants allegedly in furtherance of common intention with a co-accused committed house-breaking by night and stole gold and silver ornaments along with cash worth approximately Rs.2,01,000/-. Their involvement is stated to have surfaced during investigation on the basis of the memorandum statement of a co-accused and the material collected by the investigating agency. Therefore, the applicants are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 09.05.2026, the fact that though the applicants allegedly in furtherance of common intention with a co-accused committed house-breaking by night and stole gold and silver ornaments along with cash worth approximately Rs.2,01,000/-, but considering the fact that the applicants have no criminal antecedents and charge-sheet has been filed, this Court is of the view that the applicants are entitled to be released on bail in this 4 case. 7. Accordingly, the application is allowed. 8. Let the Applicants-Bhikham Lal Sinha, Jitesh @ Jeetu Sonkar and Rameshwar @ Jhamman Sonkar, involved in Crime No. 70/2026 registered at Police Station Deori, Distt- Balod (C.G.) for the offence punishable under Sections 331(4), 305, 3(5) of 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 applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 5 (iv) The applicants 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 applicants are 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 them in accordance with law. 9. 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 Akhil