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2026 DAILYLAW 29795 (CHH)

AVINASH RATRE v. STATE OF CHHATTISGARH

MCRC/6837/2026 · 2026-07-28

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Judgment text

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1 CGHC010290342026 2026:CGHC:32607 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6837 of 2026 Avinash Ratre S/o Rajesh Kumar Ratre Aged About 22 Years R/o Omnagar Ward No. 9, Jarhabhatha, Police Station - Civil Line, District- Bilaspur, C.G. ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station - Civil Line, District- Bilaspur, C.G. ... Respondent(s) For Applicant(s) : Mr. Bharat Rajpur, Advocate, For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/07/2026 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. 273/2026 registered at Police Station Civil Line, District- Bilaspur (C.G.) for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Section 305(A), 3(5) of BNS. 2. Case of the prosecution, in brief, is that the complainant, Bholaram Gadhewal, lodged a report at Police Station Civil Lines alleging that after closing his shop situated at Ring Road No. 2, Bilaspur on the night of 22.02.2026, some unknown person committed theft of goods and cash of Rs.2,000/-, amounting in all to Rs.15,000/-. On the basis of the said report, an FIR was registered against an unknown person. During the course of investigation, the present applicant was arrested in connection with the alleged offence. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence only on the basis of mere suspicion, the present applicant has been falsely implicated in offence in question. The applicant is in jail since 25.03.2026, the applicant has three criminal antecedents of the year 2022, 2025 and 2026 under the IPC/BNS, further the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he 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. He further submits that the applicant allegedly committed theft of goods and cash amounting to Rs.15,000/- from the complainant's shop during the intervening night of 22.02.2026 and 23.02.2026, therefore, he is not entitled for grant of bail. 3 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 25.03.2026, the fact that the only allegation against the applicant is that he committed theft of goods and cash amounting to Rs.15,000/- from the complainant's shop, further considering the pending criminal antecedents of the applicant, which are three in number of the year 2022, 2025 and 2026 under the IPC/BNS and the fact that 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. Let the Applicant-Avinash Ratre, involved in Crime No. 273/2026 registered at Police Station Civil Line, District- Bilaspur (C.G.) for the offence punishable under Section 305(A), 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. 4 (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 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