1 CGHC010270552026 2026:CGHC:32322 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6771 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 Chhattisgarh ---- 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. 787/2026 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. The case of the prosecution, in brief, is that on 08.06.2026, the complainant, Pradeep Soni, lodged a written report at Police Station Civil Lines stating that during the intervening night, an unknown person committed theft of electrical cables installed in his under- construction house along with four boxes containing electrical wires, collectively valued at approximately Rs.50,000/-. On the basis of the said report, an offence under Sections 331(4) and 305 of the BNS was registered against an unknown person and investigation was taken up. During the course of investigation, the police allegedly received secret information that a person was roaming near Nehru Nagar carrying stolen electrical wires in an E-Rickshaw bearing Registration No. CG-10/BP-4730. Acting upon the said information, the police apprehended the present applicant and during interrogation, he allegedly confessed to having committed theft in the complainant's under-construction house and also disclosed his involvement in Crime No. 777/2026 of the same Police Station. Pursuant to his memorandum statement, the stolen electrical wires as well as the E-Rickshaw allegedly used in the commission of the offence were seized. Thereafter, the applicant was arrested on 08.06.2026 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 investigation has been completed and charge-sheet has already been filed before the competent Court. He further submits that the alleged stolen electrical wires as well as the 3 E-Rickshaw have already been seized by the investigating agency. 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 further submits that, besides the present case, only one more criminal case of similar nature is pending against the applicant, which is also listed before this Court for consideration of bail today. Therefore, 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 electrical wires and the E- Rickshaw used in the commission of the offence have been seized pursuant to the memorandum statement of the applicant 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, nature and gravity of the allegations and the period of detention of the applicant since 08.06.2026, the fact that the investigation has been completed and charge-sheet has already been filed before the competent Court and the alleged stolen property as well as the E- 4 Rickshaw have already been seized. It has also been brought to the notice of this Court that, besides the present case, one more criminal case of similar nature is pending against the applicant, which is also under consideration for grant of bail before this Court. Considering the aforesaid facts 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. 787/2026 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. 5 (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 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