1 CGHC010279742026 2026:CGHC:31465 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6640 of 2026 Disen Shriwas @ Toncky S/o Laxman Prasad Shriwas Aged About 30 Years R/o Sukulkari Police Station Masturi District Bilaspur C.G. ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station Dharsiwa, Raipur, District - Raipur C.G. ... Non-applicant For Applicant : Ms. Khushboo Khotey, Advocate For Non-applicant/State : Ms. Nupur Trivedi, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.07.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 248/2026 registered at Police Station- Dharsiwa, Raipur, District - Raipur, (C.G.) for the offence punishable under Sections 331(4), 305 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that the present crime was registered on the basis of a written complaint lodged by the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 complainant alleging that, during the intervening night of 10.05.2026 and 11.05.2026 between 11:00 p.m. and 6:00 a.m., certain unknown persons unlawfully entered the premises of Amoliya Construction and Engineering Corps., situated within Goyal Dharmkanta, and committed theft of approximately three quintals of structural material valued at around Rs.15,000/-. It is alleged that the aforesaid property was removed without the knowledge or consent of the owner, thereby causing wrongful loss to the establishment. During the course of investigation, the present applicant came to be implicated in the alleged offence and was subsequently arrested. On the basis of the aforesaid allegations, the present crime has been registered against the applicant and co- accused persons. Hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the FIR was initially registered against unknown persons and that the applicant has been subsequently implicated without there being any credible material directly connecting him with the alleged offence. She further submits that, on the basis of the material available on record, the essential ingredients of the offences punishable under Sections 331(4), 305 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 are not prima facie made out against the applicant. It is also argued that the seizure memo relied upon by the prosecution is false and fabricated and cannot be treated as a reliable piece of evidence for connecting the applicant with the alleged crime. She further submits that similarly situated 3 co-accused person, namely, Pankaj Soni has already been granted bail by this Hon’ble Court vide order dated 10.07.2026 in MCRC No. 5178/2026. She also submits that the applicant has only one previous criminal antecedent which is pending and he is in jail since 17.06.2026, the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, she prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned counsel for the State opposes the bail application of the applicant and submits that the charge-sheet has been filed before the competent Court, but could not dispute the fact that co-accused persons have already been granted bail by this Court and the case of the present applicant is identical to that of the co-accused. 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, nature and gravity of offence, the fact that though the allegation against the applicant is that he was involved in the theft of approximately 3 quintals of structural material worth about Rs. 15,000/- from the premises of Amoliya Construction and Engineering Corps, but it is also to be noted that the other co- accused person, namely, Pankaj Soni has already been granted bail by this Court vide order dated 10.07.2026 in MCRC No. 5178/2026, and the case of present applicant is identical to that of the co-accused person, further the charge-sheet has been filed in the present case, the present applicant has only one previous 4 criminal antecedent which is pending and he is jail since 17.06.2026, the conclusion of the trial will take some more time, therefore, this Court is of the considered view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Disen Shriwas @ Toncky, involved in Crime No. 248/2026 registered at Police Station- Dharsiwa, Raipur, District - Raipur, (C.G.) for the offence punishable under Sections 331(4), 305 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two local 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 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, 5 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 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