1 CGHC010277842026 2026:CGHC:30941 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6514 of 2026 Prakash Thakur S/o Kailash Thakur Aged About 19 Years R/o Kailash Nagar, Rohiya Road, Mohammad Kamaal Khan's Badi, Police Station Jamu, District Durg, Chhattisgarh. --- Applicant versus State of Chhattisgarh Through The S H O Police Station Bhilai Bhatti, District Durg, Chhattisgarh. --- Non-Applicant Along with MCRC No. 6549 of 2026 Gaurav Kumar S/o Rakesh Kumar Aged About 19 Years R/o Housing Board Beside Stadium Kailash Nagar Police Station Jamul District- Durg (C.G.) --- Applicant Versus State of Chhattisgarh Through - The S H O Police Station Bhilai Bhatti District- Durg (C.G.) --- Non-Applicant For Applicants : Mr. Ankush Soni, Advocate For Non-Applicant/State : Mr. Sumit Singh, Dy. Advocate General Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.07.2026 1. Since the above-mentioned two first bail applications arise out of same incident, same crime number and registered at same police station, they are clubbed and heard together and are being RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 disposed of by this common order. 2. The applicants have preferred these First Bail Applications under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 51/2026, registered at Police Station - Bhilai Bhatti District- Durg, (C.G.) for the offence punishable under Sections 303(2), 317(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case, in brief, is that the complainant, Rahul Kumar Sahu, lodged a report at Police Station Bhilai Bhatti stating that he was employed as an AC Technician in the URM Company of the BSP Plant. It was alleged that on 13.04.2026, while proceeding for his night shift, he parked his motorcycle, namely Bajaj Pulsar NS 125 bearing registration No. CG-24-U-0379, at the motorcycle stand near the BSP Main Gate at about 9:20 p.m., after properly locking it. Upon returning from duty on 14.04.2026, he found that the said motorcycle was missing from the parking stand. Despite making a search, the vehicle could not be traced, whereupon he lodged a report suspecting that the motorcycle had been stolen by unknown persons. On the basis of the said report, a case was registered at Police Station Bhilai Bhatti against unknown accused persons and investigation was undertaken. During the course of investigation, the involvement of the present applicants surfaced and they were subsequently arrested in connection with the aforesaid crime. After completion of the investigation, the charge-sheet was filed before the competent Court. Hence, the present bail applications. 3 4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case and have not committed any offence as alleged by the prosecution. It is submitted that the applicants had no knowledge whatsoever regarding the alleged theft of the motorcycle and have been implicated merely on suspicion during the course of investigation. It is contended that, so far as applicant, Prakash Thakur, is concerned, the prosecution alleges recovery of one motorcycle from his possession, which fact is a matter of evidence to be tested during trial, however, no other incriminating material has been collected against him. As regards applicant, Gaurav Kumar, it is submitted that no recovery whatsoever has been made from his possession and there is no direct material connecting him with the commission of the alleged offence. He also submits that prima facie no case is made out against the applicants and that they have been unnecessarily roped into the crime. It is further submitted that the applicants have no previous criminal antecedents and are in jail since 23.05.2026, the charge sheet has already been filed, and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 5. On the other hand, learned State Counsel appearing for the non- applicant/State opposes the bail applications and submits that the charge-sheet has been filed in the present cases. He further submits that the applicants are involved in the commission of the alleged offence and that sufficient material has been collected during the course of investigation connecting them with the crime. It 4 is submitted that a stolen motorcycle has been recovered from the possession of applicant, Prakash Thakur, which constitutes a significant incriminating circumstance against him. He further submits that the involvement of applicant No. 2, Gaurav Kumar, has also surfaced during the investigation and, considering the nature of the allegations and the material available on record, the applicants are not entitled to be released on bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the nature of allegations, the material available on record, and the fact that though the prosecution has alleged recovery of a motorcycle from the possession of applicant, Prakash Thakur, and the involvement of both the applicants in the commission of the alleged offence, but also considering the fact that the charge-sheet has already been filed in the present cases, they have no previous criminal antecedents, the applicants are in jail since 23.05.2026 and conclusion of the trial may take some time, therefore, without expressing any opinion on the merits of the case, this Court is of the considered view that the present applicants are entitled to be released on regular bail in theses cases. 8. Accordingly, the bail applications of the applicants are allowed. Let the Applicants – Prakash Thakur and Gaurav Kumar, involved in Crime No. 51/2026, registered at Police Station - Bhilai Bhatti District- Durg, (C.G.) for the offence punishable under Sections 303(2), 317(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be 5 released on bail on furnishing 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. (iv) The applicants shall remain present, in person, 6 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan