1 CGHC010284882026 2026:CGHC:32933 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.6931 of 2026 Prakash Jaware S/o Raju Jaware Aged About 24 Years R/o Village Ukav, P.S. Rupjhar, Distt. Balaghat, M.P. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Lormi, Distt. Mungeli, Chhattisgarh. ... Non-applicant _____________________________________________________ For Applicant :Mr. Gorelal Tandon, Advocate. For Non-applicant/State :Ms. Smriti Shrivastava, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.07.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.115/2026 registered at Police Station Lormi, District Mungeli (C.G.), for the offences under Sections 305(1), 331(4) and 3(5) of BNS. SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.31 16:10:12 +0530 2 2. Briefly stated, the prosecution case is that complainant Santosh Kashyap, lodged a report at Police Station Lormi stating that while he had gone with his family to attend a family function on 18.03.2026, unknown persons allegedly broke open the locks of his house during the intervening night of 18/19.03.2026 and committed theft of cash of Rs.35,000/-, silver ornaments and a gold pendant, collectively valued at Rs.80,000/-. On the basis of the report, crime was registered against unknown persons as mentioned above. The memorandum statements of present Applicant and his associates, Rajesh Patel and Pappu Patel, allegedly disclosed their involvement in the present incident Hence this application. 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 present Applicant is in judicial custody since 23.04.2026 and as the trial is likely to take considerable time for its conclusion, therefore, he may be enlarged on regular bail. 4. Per contra, learned State Counsel opposes the application and submits that the Applicant has two pending criminal antecedents, while in the third case registered in the State of Madhya Pradesh, he has already been acquitted. 3 5. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the nature of allegations, the period of custody since 23.04.2026 and also considering that the trial is likely to take considerable time for its conclusion, without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the bail application is allowed. 6. Let Applicant-Prakash Jaware involved in Crime No. 115/2026 registered at Police Station Lormi, District Mungeli (C.G.), for the offences under Sections 305(1), 331(4) and 3(5) of BNS be released on bail on his furnishing a personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant/s shall file an undertaking to the effect that he/they 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/s shall remain present before the trial court on each date fixed, either personally or through his/their counsel. In case of his/their absence, without sufficient cause, the trial court may proceed against him/them 4 under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant/s misuse/s the liberty of bail during trial and in order to secure his/their presence, proclamation under Section 84 of BNSS. is issued and the applicant/s fail/s to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant/s 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/s 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/them in accordance with law. 7. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Priya