1 CGHC010271892026 2026:CGHC:31468 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6635 of 2026 Adesh Bhaskar S/o Rajesh Bhaskar Aged About 27 Years R/o Bendarkona, Thana Civil Line Rampur Korba District Korba (C.G.) ... Applicant versus State of Chhattisgarh Through S.H.O. Thana Civil Line Rampur District Korba (C.G.) ... Non-applicant For Applicant : Mr. Samir Singh, Advocate. For Non-applicant/State. : Ms. Anusha Naik, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.07.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 215/2026 registered at Police Station – Civil Line, District – Korba (C.G.), for the offences punishable under Sections 331(4), 305(A), 317(5) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that on 15.03.2026, the complainant, namely Triveni Khare, lodged a written report alleging that, on 11.03.2026, an unknown person had trespassed into his house and committed theft of silver ornaments and cash. It is alleged that cash ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.24 13:20:51 +0530 2 amounting to Rs. 15,000/-, along with silver articles, was stolen from the house. Thereafter, the FIR was registered, and during the course of investigation, the present applicant was arrested for the alleged commission of the offence. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant has been implicated solely on the basis of the memorandum statement of the co-accused, which is not legally admissible in evidence against the present applicant. He submits that although the applicant has 04 criminal antecedents, in 02 of those cases he has already been granted regular bail by the concerned trial Court as well as by this Court. The explanation in this regard has also been furnished in Part D of the present bail application. He further submits that the applicant has been in judicial custody since 15.03.2026 and that the conclusion of the trial is likely to take some time. Therefore, he prays that the applicant be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. She further submits that the present applicant has 04 criminal antecedents of the similar nature, shows that the applicant is a habitual offender, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel 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 been implicated solely on the basis of the memorandum statement of the co-accused, and that although the applicant has 04 criminal antecedents, he has already been 3 granted regular bail in 02 of those cases by the concerned trial Court as well as by this Court. Moreover, the charge-sheet has already been filed before the competent Court, the applicant has been in judicial custody since 15.03.2026, and the conclusion of the trial is likely to take some more time, therefore, this Court is of the opinion that the applicant is entitled to grant regular bail in the present case. 7. Let the Applicant – Adesh Bhaskar, involved in Crime No. 215/2026 registered at Police Station – Civil Line, District – Korba (C.G.), for the offences punishable under Sections 331(4), 305(A), 317(5) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, 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 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 his 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, 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 4 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek