1 CGHC010288192026 2026:CGHC:32313 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6762 of 2026 Anuj Tandan S/o Shri Rohit Tandan Aged About 19 Years R/o 127, Tivraiya Raipur District Raipur C.G. ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Dharsiwa District Raipur C.G. ... Respondent(s) For Applicant(s) : Ms. Khushboo Khunte, Advocate. For Respondent(s) : Ms. Nupur Trivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/07/2026 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 District Raipur (C.G.) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sections 331(4), 305, 3(5) of BNS. 2. Case of the prosecution, in brief, is that the present applicant, along with the other co-accused persons, allegedly committed theft of approximately 3 quintals of steel fabrication structural material valued at Rs.15,000. On the basis of the report lodged by the complainant, the police registered the First Information Report against the applicant and the co-accused and, after completion of the investigation, initiated criminal proceedings in accordance with law. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. She further submits that identically situated co-accused persons, namely, lucky Sahu and Pankaj Soni have already been granted bail by this Court vide orders dated 16.07.2026 and 10.07.2026 in MCRC Nos.6324 of 2026 and 5178 of 2026, respectively. The applicant is in jail since 13.05.2026, the applicant has two criminal antecedents of the year 2025 and 2026 under the BNS and the same are pending, further 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. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant in collusion with other co-accused persons, allegedly committed 3 theft of approximately 3 quintals of steel fabrication structural material valued at Rs.15,000, but could not dispute the fact that co-accused persons, namely, lucky Sahu and Pankaj Soni have already been granted bail by this Court. 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, period of detention of the applicant since 13.05.2026, the fact that though the applicant in collusion with other co-accused persons, allegedly committed theft of approximately 3 quintals of steel fabrication structural material valued at Rs.15,000, but considering the fact that two of the co- accused persons, namely, lucky Sahu and Pankaj Soni have already been granted bail by this Court vide orders dated 16.07.2026 and 10.07.2026 in MCRC Nos.6324 of 2026 and 5178 of 2026, respectively and the case of present applicant is identical to that of the said co-accused persons, further considering the pending criminal antecedents of the applicant, which are two in number of the year 2025 and 2026 under the BNS and the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Anuj Tandan, involved in Crime No. 248/2026 registered at Police Station Dharsiwa District Raipur (C.G.) for the 4 offence punishable under Sections 331(4), 305, 3(5) of BNS, be released on bail on his furnishing a 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 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, 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 5 accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil