1 CGHC010163752026 2026:CGHC:30720 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3795 of 2026 1 - Ajay S/o Manoj Aged About 23 Years R/o Village Lalpur, P.S. And Tahsil Manendragarh, District M.C.B. Chhattisgarh 2 - Sameer S/o Ashok Aged About 19 Years R/o Village Lalpur, P.S. And Tahsil Manendragarh, District M.C.B. Chhattisgarh 3 - Mukaddar S/o Premlal Aged About 27 Years R/o Village Lalpur, P.S. And Tahsil Manendragarh, District M.C.B. Chhattisgarh 4 - Akshya S/o Manoj Aged About 19 Years R/o Village Lalpur, P.S. And Tahsil Manendragarh, District M.C.B. Chhattisgarh ... Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Marwahi, District Gourela-Pendra-Marwahi Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Pradeep Kumar Jogi, Advocate For Respondent(s)/State : Ms. Ritika Verma, P.L. RUCHI YADAV Digitally signed by RUCHI YADAV 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/07/2026 1. The present is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS"), seeking grant of regular bail to the applicants, who have been arrested in connection with Crime No. 52/2026 registered at Police Station- Marwahi, District- Gourela-Pendra-Marwahi, (C.G.), for the offences punishable under Sections 304, 331(3), 112 of BNS, 2023. 2. The prosecution story, in brief, is that the complainant, Lalchand, lodged a written report alleging that on 24.03.2026, after withdrawing ₹20,000/- from the District Cooperative Bank, Marwahi, the cash kept in his cloth bag was stolen by an unknown person by cutting the bag with a sharp object. During investigation, on the basis of CCTV footage and subsequent search operations, the accused persons were apprehended. It is alleged that cash amounting to ₹15,000/-, being part of the stolen amount, was recovered from the possession of the accused pursuant to their memorandum statements. On the basis of the material collected during investigation, the present applicants were arrested and charge-sheeted for the offences punishable under Sections 304, 331(3) and 112 of the Bharatiya Nyaya Sanhita, 2023. 3 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is contended that the applicants have not committed any offence as alleged and that no incriminating article has been recovered from their conscious possession. It is further submitted that the applicants have been implicated merely on the basis of their memorandum statements. Learned counsel submits that the prosecution case is based on conjectures and surmises and that the essential ingredients of the offences alleged are not made out against the applicants. It is further submitted that the applicants have been in judicial custody since 25.03.2026 and the trial is likely to take considerable time for its conclusion. Accordingly, it is prayed that the applicants be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the prayer for grant of regular bail and submits that the applicants have criminal antecedents and are involved in similar offences. It is contended that, considering their criminal antecedents, the nature and gravity of the allegations and the material collected during the course of investigation, the applicants are not entitled to the grant of regular bail. Accordingly, it is prayed that the bail application deserves to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 4 6. Taking into consideration the facts and circumstances of the case, particularly the fact that the applicants have been implicated primarily on the basis of their memorandum statements, they have remained in judicial custody since 25.03.2026 and the conclusion of the trial is likely to take considerable time, this Court is of the considered opinion that the applicants have made out a case for grant of regular bail. Accordingly, without expressing any opinion on the merits of the case, the application is allowed. 7. Let the applicants, namely Ajay, Sameer, Mukaddar and Akshya, involved in Crime No. 52/2026 registered at Police Station- Marwahi, District- Gourela-Pendra-Marwahi, (C.G.), for the offences punishable under Sections 304, 331(3), 112 of BNS, 2023, be released on bail on their furnishing personal bonds with two sureties each in the like sum to the satisfaction of the Court concerned, subject to 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 5 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. (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 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 them in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 6 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Ruchi