1 CGHC010260672026 2026:CGHC:32110 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6283 of 2026 1 - Yash Miri S/o Mukesh Miri Aged About 20 Years R/o Baigin Bandhan Mochipara, Champa, Police Station Champa, District Janjgir Champa Chhattisgarh 2 - Kunal Miri S/o Budheshwar Miri Aged About 21 Years R/o Baigin Bandhan Mochipara, Champa, Police Station Champa, District Janjgir- Champa Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Of Police Station Champa, District Janjgir-Champa Chhattisgarh ... Non-applicant(s) For Applicants : Mr. Ravikar Patel, Advocate For Non-applicant : Ms. Ritika Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.07.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 71/2026 registered at Police Station Champa, Dist. Janjgir- KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Champa, C.G., for the offence punishable under Sections 305(A), 331(4), 112(3) and 3(5) of BNS. 2. The case of the prosecution, in brief, is that on 20.02.2026, the complainant, Smt. Neera Pradhan, Head Mistress of Government Middle School, Bhojpur, lodged a report stating that after the school was closed on 19.02.2026, all staff members and students had left the premises. On the following morning, i.e., 20.02.2026 at about 7:30 A.M., when she opened the school, she found that unknown persons had broken open the rear window of the school building and committed theft of one computer projector set, two ceiling fans, one BSNL Wi-Fi router and other articles worth approximately Rs.40,000/-. On the basis of the said report, Crime No. 71/2026 was registered for the offences punishable under Sections 331(4) and 305(a) of the BNS and investigation was taken up. During investigation, on 05.06.2026, on the basis of secret information, the police apprehended three persons, namely, Yash Miri, Abhishek Miri and Nitesh Kurre, who were allegedly attempting to dispose of the stolen articles. It is alleged that in their memorandum statements, they disclosed their involvement in the commission of the offence and, pursuant thereto, the stolen articles were recovered. Thereafter, the applicants were arrested and, finding that the offence had been committed in an organized manner, Sections 112(2) and 3(5) of the BNS were also added. After completion of investigation, charge-sheet has been filed before the competent Court. 3 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is further submitted that except the memorandum statements and the alleged recovery, there is no independent material connecting the applicants with the alleged offence. He further submits that the applicants are in judicial custody since 05.06.2026 and 27.05.2026, respectively, investigation has been completed and charge-sheet has already been filed. It is also submitted that the criminal antecedents of both the applicants have duly been explained in Part-D of the respective bail applications. Therefore, no further custodial interrogation of the applicants is required and they deserve to be enlarged on bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that stolen property has been recovered pursuant to the memorandum statements of the applicants and there is prima facie material available against them. She further submits that applicant Yash Miri has one criminal antecedent of the year 2023 under the IPC, whereas applicant Kunal Miri also has one criminal antecedent of the year 2026 relating to a theft case, which is still pending. It is thus submitted that considering the nature of allegations and the material collected during investigation, the applicants are not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary as well as the material available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants 4 and the fact that in the present case, charge- sheet has been filed before the competent Court and so far as the criminal antecedents are concerned, applicant Yash Miri has one criminal antecedent of the year 2023 and applicant Kunal Miri has one pending theft case of the year 2026 and no further interrogation is required and the trial is likely to take some time for its conclusion, therefore, without further commenting anything on merits, I am inclined to grant bail to the applicants. 7. Accordingly, the bail application is allowed. 8. Let applicants, Yash Miri and Kunal Miri, involved in Crime No. 71/2026 registered at Police Station Champa, Dist. Janjgir- Champa, C.G., for the offence punishable under Sections 305(A), 331(4), 112(3) and 3(5) of BNS, be released on bail on their furnishing a 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 5 them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence proclamation under Section 84 of Bharatiya Nyaya Sanhita 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 them, in accordance with law, under Section Section 209 of Bharatiya Nyaya Sanhita. (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 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 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 Kunal