1 CGHC010236802026 2026:CGHC:32709 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5586 of 2026 Mohammad Arslan S/o Mohammad Zabbir Khan Aged About 19 Years R/o Sarthinagar, Patthalgaon, Police Station - Patthalgaon, And District - Jashpur (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through S.H.O. Of The Police Station - Gharghoda, Tahsil And District - Raigarh (C.G.) 2 - State Of Chhattisgarh Through District Magistrate Raigarh And District - Raigarh (C.G.) ... Respondents For Applicant : Mr. Abhishek Saraf, Advocate. For Non-applicants/State : Ms. Palak Dwivedi, 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 52/2026 registered at Police Station – Gharghoda, Tahsil and District - Raigarh VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.30 12:18:49 +0530 2 (C.G.) for the offences punishable under Sections 331(4), 305(A), 112(2), 61(2) & 3(5) of the BNS. 2. The prosecution case in brief, is that, on 17.02.2026 at about 14:10 hours, the complainant, Bhojpal Saav, lodged a written report at Police Station Gharghoda stating that he runs a shop under the name and style of Saav Computer and Mobile at Sadak Para, Main Road, Kudumkela. It is alleged that on 15.02.2026, after closing his shop at about 08:15 p.m. and locking the shutter, he went home. On the following morning, i.e., 16.02.2026, at about 08:30 a.m., when he returned to open the shop, he found that the shutter was unlocked and the articles inside the shop were scattered. Upon verification, he found that 43 new mobile phones, 40 old mobile phones, 11 Bluetooth speakers, 03 Bluetooth headphones, a bag containing important documents, and cash amounting to approximately Rs. 3,000/- were missing. It was alleged that some unknown person(s) had committed theft by breaking open the lock of the shop during the intervening night. The complainant further stated that despite making efforts to trace the culprits, no clue could be found, and since the documents had also been stolen, the IMEI numbers of the stolen mobile phones could not be ascertained. On the basis of the said written complaint, First Information Report bearing Crime No. 52/2026 was registered at Police Station Gharghoda for offences punishable under Sections 331(4), 305(A), 112(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. During the course of investigation, the present applicant and four other co-accused persons were implicated in the alleged offence. The applicant was arrested on 29.03.2026, and after completion of 3 investigation, the charge-sheet has been filed before the competent Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has no manner of involvement in the alleged offence. It is contended that during the course of investigation, on the basis of the memorandum of the applicant, one Maruti Ciaz car, one Mahindra XUV vehicle and several mobile phones were allegedly seized from the possession of the co- accused persons, namely, Mohammad Arsalan, Altamas Khan, Johnson Beck and Karan Mahant. However, none of the seized articles has been identified or ascertained by the complainant/owner as being the stolen property, and there is no direct or cogent evidence connecting the applicant with the alleged offence. It is further submitted that the prosecution has failed to establish any prima facie material showing the applicant's involvement in the alleged crime. Learned counsel further submits that the applicant is a poor villager, the sole breadwinner of his joint family, and belongs to a respectable family of the locality. It is also submitted that the applicant has been in judicial custody since 29.03.2026, the charge-sheet has already been filed, the offences alleged against him are triable by the Judicial Magistrate First Class, and the maximum punishment prescribed is one year; therefore, his further incarceration is wholly unwarranted. It is further contended that the applicant is a permanent resident of Village Patthalgaon, Police Station Patthalgaon, District Jashpur (C.G.), there is no likelihood of his absconding or tampering with the prosecution evidence, and he is ready and willing to furnish adequate surety and abide by all such terms and conditions as may be imposed by this Hon'ble Court. On 4 these grounds, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State Counsel opposed the bail application and submitted that the charge-sheet has already been filed. It was further submitted that the applicant has two criminal antecedents, therefore, the applicant is not entitled to the grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant, and the fact that the co-accused, namely Kavlesh Yadav has already been granted regular bail by this Court in MCRC No. 3764 of 2026 vide order dated 07.07.2026, and further considering that the charge-sheet has already been filed before the competent Court, that the applicant has been in judicial custody since 23.09.2026, and that the conclusion of the trial is likely to take considerable time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. 7. Let applicant, Mohammad Arslan, involved in Crime No. 52/2026 registered at Police Station – Gharghoda, Tahsil and District - Raigarh (C.G.) for the offences punishable under Sections 331(4), 305(A), 112(2), 61(2) & 3(5) of the BNS, be released on bail on furnishing 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 5 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 her 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 her, 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. 8. 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 vaibhav