1 CGHC010172132026 2026:CGHC:30757 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4179 of 2026 Rajendra Pratap (Pardhi) S/o Shri Sumend Aged About 20 Years R/o Pardhitola, Village Surkhi, Police Station Surkhi, District Sagar (M.P.) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Pendra District G.P.M. (C.G.) ... Non-applicant For Applicant : Mr. Syed Afaque Hussain Rizvi, Advocate. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.07.2026 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. 87/2026, registered at Police Station – Pendra, District - Gaurela- Pendra - Marwahi (C.G.) for the offence punishable under Sections 303(2),112(2) & 3(5) of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.21 11:18:43 +0530 2 2. According to the prosecution, on 18.03.2026, the complainant, who is engaged in the business of sale and purchase of ornaments, had opened his jewellery shop for the day's business. At about the relevant time, an unidentified woman entered the shop on the pretext of purchasing jewellery and engaged the complainant in conversation by making enquiries about various ornaments. While the complainant was attending to her, two unidentified persons allegedly entered the shop from the rear side and, taking advantage of the distraction created by the woman, clandestinely removed jewellery articles along with Rs.5,000 in cash from the shop. After committing the theft, all the accused persons fled from the spot. On discovering the theft, the complainant lodged a report at the concerned Police Station, on the basis of which an FIR was registered against unknown persons for the appropriate offences. During the course of investigation, the police identified and apprehended the accused persons, recovered part of the stolen property, and after completion of the investigation, filed the charge-sheet before the competent Court. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the alleged offence without any cogent or incriminating material connecting him with the crime. It is submitted that no incriminating article has been recovered or seized from the possession of the applicant and his implication is based solely on the memorandum statement of the co-accused, which has no independent evidentiary value. The applicant was neither present at the place of occurrence nor involved in the commission of the alleged offence. It is further submitted that the FIR was initially 3 registered against unknown persons and no direct evidence is available against the applicant. The applicant is a 20-year-old student with no criminal antecedents and is a law-abiding citizen. There is no likelihood of his absconding or tampering with the prosecution evidence or influencing the witnesses. The applicant has been in judicial custody since 20.03.2026, therefore, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State Counsel opposed the bail application and submitted that the charge-sheet has already been filed. It was further submitted that the applicant has two criminal antecedents, therefore, the applicant is not entitled to the grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence 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 jail since 20.03.2026, and the conclusion of the trial is likely to take some time, this Court is inclined to grant regular bail to the present applicant. 7. Let applicant, Rajendra Pratap (Pardhi), involved in Crime No. 87/2026, registered at Police Station – Pendra, District - Gaurela- Pendra - Marwahi (C.G.) for the offence punishable under Sections 303(2),112(2) & 3(5) of the 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 4 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav