1 CGHC010265212026 2026:CGHC:30658 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6461 of 2026 Aman Mistry S/o Late Asim Mistry Aged About 21 Years R/o Tambeshwarnagar (Aragahi), P.S.- Ramanujganj, Dist.- Balrampur- Ramanujganj, (C.G.) ... Applicant versus State of Chhattisgarh Through P.S. - Ramanujganj, Dist.- Balrampur- Ramanujganj, (C.G.) ... Non-applicant For Applicant : Mr. Jai Prakash Shukla, Advocate. For Non-applicant/State. : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. 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. 11/2026 registered at Police Station - Ramanujganj, District – Balrampur - Ramanujganj (C.G.), for the offences punishable under Sections 303(2) and 331(3) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that it is based on the written complaint of the complainant, Surya Kumar, who stated that he had constructed a shop in front of his house at Dhanpur, where he used to run a mobile ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.21 15:22:22 +0530 2 phone, mobile accessories, and NSC Centre. On 12.01.2026, at about 12:00 noon, he left the shop unattended and went nearby for some work. While he was away, his brother informed him that an unknown person had entered the shop. Thereafter, the complainant returned to the shop and examined the CCTV footage installed therein, wherein he found that an unknown person had stolen Rs. 5,200/- in cash and a Jio keypad mobile phone from the counter. Upon carefully watching the CCTV footage and verifying the identity of the person with several persons present in the locality, all of them identified the person who committed the theft as Aman. Accordingly, FIR No. 11/2026 was registered on the basis of the written complaint of Surya Kumar. After completion of the investigation, the police submitted the charge-sheet before the learned Chief Judicial Magistrate, Ramanujganj. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case. He further submits that the circumstances surrounding the alleged theft indicate that the complainant did not immediately report the incident to the authorities. Instead, the complainant independently reviewed the CCTV footage and identified the accused based on verbal recognition by third parties. This raises serious questions regarding the reliability and objectivity of the identification process, which appears to have been influenced by group opinion or external perceptions rather than by any concrete forensic or documentary evidence. He further submits that, though the applicant has 03 criminal antecedents, 01 case is registered under the Bharatiya Nyaya Sanhita (BNS) and is presently at the stage of recording evidence, while the other 02 cases pertain to Istagasa proceedings. The explanations in respect of the said criminal antecedents have already been furnished in Paragraph D of the present 3 bail application. He further submits that the applicant has been in judicial custody since 05.03.2026, and that the conclusion of the trial is likely to take some time. Therefore, he prays for the grant of regular bail to the applicant. 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 submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, and further considering that, though the applicant has 03 criminal antecedents, 01 case is registered under the Bharatiya Nyaya Sanhita (BNS) and is presently at the stage of recording evidence, while the other 02 cases pertain to Istagasa proceedings, the explanations in respect of the said criminal antecedents have already been furnished in Paragraph D of the present bail application. Further considering that the charge- sheet has already been filed before the competent Court and that the applicant has been in jail since 05.03.2026, and having regard to the period of detention already undergone by the applicant, as well as the fact that the conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Aman Mistry, involved in Crime No. 11/2026 registered at Police Station - Ramanujganj, District – Balrampur - Ramanujganj (C.G.), for the offences punishable under Sections 303(2) and 331(3) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 (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 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 Abhishek