1 CGHC010224042026 2026:CGHC:31258 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5518 of 2026 1 - Ganesh Barman @ Ashif Khan S/o- Sadaqat Khan Aged About 46 Years R/o- Aadarsh Nagar, Mowa, Police Station-Pandri- Raipur, District- Raipur (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through The S H O, Police Station- Tikrapara, Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ankur Seth, Advocate For Respondent(s)/State : Mr. Shubham Bajpai, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.07.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of RUCHI YADAV Digitally signed by RUCHI YADAV 2 regular bail to the applicant, who is in judicial custody in connection with Crime No.417/2026 registered at Police Station- Tikrapara, District- Raipur (Chhattisgarh), for the offences punishable under Sections 331(4), 305 and 317(2) of BNS. 2. The prosecution case, in brief, is that on 14.05.2026, the complainant lodged a report at Police Station Tikrapara, District Raipur, stating that unknown persons had committed theft in his under-construction house by stealing a grinder machine, a drill machine and electric wires worth approximately ₹82,000/-. On the basis of the report, the concerned crime was registered against unknown persons for the offences punishable under Sections 331(4) and 305 of the Bharatiya Nyaya Sanhita, 2023. During the course of investigation, two juvenile suspects were apprehended, who allegedly disclosed that after committing the theft, they had sold the stolen copper obtained from the burnt electric wires to the present applicant. Pursuant to the memorandum statement of the co-accused, 2 kg of burnt electric wire was allegedly recovered from the possession of the applicant. Consequently, the applicant was arrested in connection with the said crime and the investigation was carried out. 3. Learned counsel appearing for the applicant submits that a No Objection Certificate (NOC) has been issued by Mr. Jaya Gupta, Mr. Ankush Soni and Mr. Ankur Seth, who had filed a joint vakalatnama on behalf of the applicant. In view of the same, the applicant is presently unrepresented and has not engaged any 3 counsel on his behalf. 4. On the other hand, learned State counsel opposes the bail application. However, he fairly submits that the applicant has no criminal antecedents. 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, particularly the fact that the applicant has no criminal antecedents, charge-sheet has been filed, the applicant is in judicial custody since 14.05.2026, and without expressing any opinion on the merits of the case, this Court is inclined to allow the present bail application. 7. Let the Applicant – Ganesh Barman @ Ashif Khan involved in Crime No.- 417/2026 registered at Police Station- Tikrapara, District- Raipur (Chhattisgarh), for the offences punishable under Sections 331(4), 305 and 317(2) of BNS, 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:- (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 4 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, a 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 the applicant's statement under Section 351 of the 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 5 to treat such default as abuse of liberty of bail and proceed against him 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. 9. The Registrar (Judicial) is directed to forthwith transmit a copy of this order to the trial Court concerned, the Superintendent of the concerned Jail, the concerned Police Station/Investigating Officer, and the applicant through the Superintendent of the concerned Jail, for information and necessary compliance. Sd/- (Ramesh Sinha) Chief Justice Ruchi