1 CGHC010270542026 2026:CGHC:32323 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6770 of 2026 Ataullah Khan S/o Aziz Khan Aged About 23 Years R/o Imlibhatha Sarkanda, Police Station Sarkanda District Bilaspur Chhattisgarh --- Applicant(s) versus State Of Chhattisgarh Through Police Station - Civil Line, District Bilaspur (C.G.) ---- Non-applicant(s) For Applicant : Mr. Pranay Gupta, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/07/2026 1. Learned counsel for the applicant submits that the defects pointed out by the Registry have been cured. 2. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 777/2026 registered at Police Station Civil Lines, District Bilaspur (C.G.) for the offences punishable under Sections 331(4) and 305 of BNS. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 3. Case of the prosecution, in brief, is that on the intervening night of 05.06.2026, an unknown person allegedly committed theft by trespassing into the under-construction house of the complainant situated near Brihaspati Bazar and stole electrical fitting wires worth approximately Rs.20,000/-. On 06.06.2026, the complainant lodged a written report at Police Station Civil Lines, District Bilaspur, whereupon Crime No. 777/2026 was registered against an unknown person and investigation was set into motion. During the course of investigation, the police allegedly received secret information that a suspicious person was moving in Nehru Nagar carrying stolen electrical wires in a rickshaw bearing Registration No. CG-10/BP-4730. Acting upon the said information, the police reached the spot, apprehended the present applicant and on the basis of his memorandum statement, recovered the stolen electrical wires from his possession. Thereafter, the applicant was arrested and after completion of investigation, charge-sheet has been filed before the competent Court. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the entire investigation has been completed and charge-sheet has already been filed before the competent Court. He further submits that the alleged stolen electrical wires have already been recovered and seized and nothing remains to be recovered from the applicant. It is also submitted that the applicant has been in judicial custody since 08.06.2026 and the trial is likely to take considerable time for its conclusion. Learned counsel 3 further submits that, besides the present case, only one more case of similar nature is pending against the applicant, which is also listed before this Court for consideration of bail today. Hence, it is prayed that the applicant be enlarged on regular bail. 5. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the stolen property i.e. wire of Rs. 20,000/- has been recovered from the possession of the applicant pursuant to his memorandum statement and there is sufficient prima facie material indicating his involvement in the alleged offence. He further submits that, besides the present case, another criminal case of similar nature is pending against the applicant, which is also listed before this Court for consideration of bail today. Considering the nature of allegations and the material collected during investigation, it is prayed that the present bail application deserves to be rejected. 6. I have heard learned counsel for the parties and perused the case diary as well as the material available on record. 7. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations, the period of detention of the applicant since 08.06.2026 and the fact that the investigation has been completed and charge-sheet has already been filed before the competent Court and the alleged stolen property has already been recovered and so far as the criminal antecedent is concerned, it is brought to the notice of this Court that, besides the present case, one more case of similar nature is pending against the applicant, which is also under consideration for grant of bail. In 4 the facts and circumstances of the present case and without expressing any opinion on the merits of the case, this Court is inclined to extend the benefit of regular bail to the applicant. 8. Accordingly, the bail application of the applicant is allowed. 9. Let the Applicant- Ataullah Khan, involved in Crime No. 777/2026 registered at Police Station Civil Lines, District Bilaspur (C.G.) for the offences punishable under Sections 331(4) and 305 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 fail to appear before the court on the date fixed in such 5 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. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Kunal