1 CGHC010294782026 2026:CGHC:33162 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6949 of 2026 Firoz Khan @ Raja Khan S/o Hasan Khan, Aged About 30 Years, R/o Gevra Basti, Thana Kusmunda, Present Address Imli Chhapar, Thana Kusmunda, District - Korba (C.G.) ... Applicant versus State of Chhattisgarh Through - Police Station - Bankimongra, District - Korba (C.G.) ... Non-Applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-Applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31/07/2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 35/2026 registered at Police Station - Bankimongra, District - Korba (C.G.), for the offence punishable under Sections 303(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution case, in brief, on 17.02.2026, the complainant, namely Anish Kumar Singh, who is the Manager of R.S. Infra Project Private Limited, lodged a written report against unknown persons alleging that they had committed theft of 102 electric poles installed near the under-construction railway line from Surakachar Bankimongra to PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.31 15:29:39 +0530 2 Sendulgarh Pasan during the period between 01.01.2026 and 04.02.2026. On the basis of the said written complaint, the police registered FIR bearing Crime No. 35/2026 against unknown persons for the offences punishable under Sections 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. During the course of investigation, the present applicant was arrested. 3. 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 the charge-sheet has already been filed before the competent Court. He further submits that no electric poles were seized from the possession of the applicant during the course of the investigation. It is also submitted that the applicant has been in judicial custody since 13.05.2026. Learned counsel further submits that the applicant has five previous criminal antecedents, out of which one case has already been disposed of, while the remaining cases are still pending. The details of the said antecedents have been duly explained in Part D of the present bail application. 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 the charge-sheet has already been filed. He further submits that the applicant has five previous criminal antecedents, the details of which have been duly explained in Part D of the present bail application. Therefore, it is contended that 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. Taking into consideration the facts and circumstances of the case, nature and gravity of the offence, period of detention of the applicant since 3 13.05.2026, the fact that the charge-sheet has already been filed before the competent Court, the criminal antecedents of the applicant has been explained in part-D of this bail application and the conclusion of the trial is likely to take some time, this Court is inclined to allow the present application. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the applicant – Firoz Khan @ Raja Khan, involved in Crime No. 35/2026 registered at Police Station - Bankimongra, District - Korba (C.G.), for the offence punishable under Sections 303(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, 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 fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings 4 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. dirurt fo forthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Preeti