1 CGHC010284852026 2026:CGHC:32702 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6854 of 2026 Bhagirathi Sahu S/o Lakhanlal Aged About 27 Years R/o Village Dumarpali, Police Station Bhupdeopur, District Raigarh Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Police Station - Sakti, District Sakti Chhattisgarh ... Non-applicant(s) For Applicant : Mr. Ishwar Jaiswal, Advocate. For Non-applicant/State : Ms. Ankita Shukla, 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. 343/2025 registered at Police Station- Sakti, District- Sakti (C.G.) for the offence punishable under Sections 331(4), 305(a) of BNS 2023. 2. The case of the prosecution, in brief, is that on 24.09.2025, the complainant, Savitri Rathore, lodged a written complaint at Police Station Sakti stating that she was working as an Anganwadi Worker KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 at Anganwadi Centre, Village Harethi. It is alleged that on 07.09.2025, after the Anganwadi Centre was locked by the Anganwadi Assistant, and as 08.09.2025 was a holiday, when the complainant opened the Centre on 09.09.2025 at about 09:30 a.m., she found that a 55-inch television, one table fan, one exhaust fan, tube lights and certain food articles, collectively valued at about ₹20,000/-, were missing. It was alleged that some unknown person had entered the Anganwadi Centre through the window and committed theft. During the course of investigation, the applicant was arrested and pursuant to his memorandum, one table fan and one exhaust fan, collectively valued at ₹2,000/-, were allegedly recovered from his possession. Further, a 55-inch television was recovered in an abandoned condition from bushes situated behind the Anganwadi Centre. After completion of investigation, the applicant was charge-sheeted for the aforesaid offences. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant is not a habitual offender and there is no cogent evidence connecting him with the alleged offence. It is contended that the prosecution has falsely implicated the applicant and the alleged recovery is not supported by reliable evidence. Learned counsel further submits that the present case has been registered only on the basis of the memorandum recorded in connection with Crime No. 88/2026, wherein the very same memorandum has been relied upon to implicate the applicant in the present case as well. It is further submitted that in Crime No. 3 88/2026, registered at Police Station Sakti, the applicant has already been granted regular bail by the learned Court below vide order dated 09.07.2026. He also submits that the applicant is in judicial custody since 31.05.2026, the investigation has been completed and the trial is likely to take considerable time for its conclusion. Therefore, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that during the course of investigation, incriminating articles were recovered at the instance of the applicant and sufficient material has been collected connecting him with the alleged offence. She further submits that the applicant has one criminal antecedent of similar nature, crime No. 88/2026, in which he has already been granted bail. It is, therefore, submitted that considering the nature of allegations and the criminal antecedent of the applicant, he does not deserve the benefit of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature of allegations levelled against the applicant, the fact that the investigation has been completed, the charge-sheet has already been filed before the competent Court and the applicant has been in judicial custody since 31.05.2026, the fact that the applicant has two criminal antecedents out of which one case has already been disposed of and another criminal antecedent of similar nature i.e. Crime No. 88/2026, in which he has already been granted regular 4 bail and further considering that the trial is likely to take considerable time for its conclusion and recovery made from his possession, thus without commenting upon the merits of the case, this Court is inclined to extend the benefit of regular bail to the applicant. 7. Accordingly the bail application of the applicant is allowed. 8. Let the Applicant – Bhagirathi Sahu, involved in Crime No. 343/2025 registered at Police Station- Sakti, District- Sakti (C.G.) for the offence punishable under Sections 331(4), 305(a) of BNS 2023, 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 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 5 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 concerned for necessary information and compliance. - Sd/- S(Ramesh Sinha) Chief Justice Kunal