1 CGHC010272602026 2026:CGHC:31211 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6573 of 2026 1. Deepak Kumar Yadav S/o Jeewan Lal Yadav Aged About 36 Years R/o Nayatola, Jurabganj, Ward No. 01, Beside Canal, Police Station - Kodha, District - Katihar (Bihar) 2. Avinash Kumar @ Sunny Yadav S/o Randheet Yadav Aged About 28 Years R/o Nayatola, Jurabganj, Ward No. 01, Beside Canal, Police Station - Kodha, District - Katihar (Bihar) ... Applicants versus State of Chhattisgarh Through The Station House Officer, Police Station - Kharsiya, District - Raigarh (C.G.) ... Non-applicant For Applicants : Mr. Vivekanand Samaddar, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.07.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 629/2025, registered at Police Station – Kharsiya, District – Raigarh (C.G.) for the offence punishable under Sections 303(2) and 3(5) of the BNS. 2. As per the prosecution story, in brief, the complainant, Nonibai, lodged a written report at Police Station Kharsia, District Raigarh, on 16.12.2025. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.23 11:32:12 +0530 2 It is alleged that on the said date, she and her son, Kailash Nishad, had withdrawn a sum of Rs. 2,00,000/- from the bank and were returning home. They had kept the said amount in the trunk of their scooter. Thereafter, they stopped at a grocery store to purchase groceries, during which two unknown boys allegedly stole the cash from the scooter’s trunk. Based on the complainant’s report, the police registered the present FIR at Police Station Kharsia, District Raigarh, for the offences punishable under Sections 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), and commenced the investigation. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there are 5 other criminal antecedents of the applicants out of which in 3 cases the applicants have already been granted bail. It is further submitted that the charge-sheet has been filed in this case. The applicants are in jail since 12.03.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are 5 other criminal antecedents of the applicants, the charge-sheet has been filed in this case, and the applicants are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that there are 5 other criminal antecedents of the applicants out of which in 3 cases the applicants have already been granted bail, the charge-sheet 3 has been filed in this case, the applicants are in jail since 12.03.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants – Deepak Kumar Yadav and Avinash Kumar @ Sunny Yadav, involved in Crime No. 629/2025, registered at Police Station – Kharsiya, District – Raigarh (C.G.) for the offence punishable under Sections 303(2) and 3(5) of the BNS, be released on bail on his furnishing a personal bond with two local 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. 4 (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 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. 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