1 CGHC010292012026 2026:CGHC:32930 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.6935 of 2026 1 - Rahul Das S/o Shri Prakash Das Aged About 20 Years R/o Village Lampuri, Antagarh, Tahsil - Antagarh, Distt. North Bastar Kanker Chhattisgarh 2 - Rakesh Mandal S/o Shri Vishwajeet Mandal Aged About 20 Years R/o Nayapara, Antagarh, Tahsil - Antagarh, Distt. North Bastar Kanker Chhattisgarh ... Applicants versus State Of Chhattisgarh Through Station House Officer Bhanupratappur, District North Bastar Kanker Chhattisgarh ... Non-applicant _____________________________________________________ For Applicants :Mr. Rajendra Patel, Advocate. For Non-applicant/State :Ms. Ritika Verma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.31 16:10:13 +0530 2 30.07.2026 1. The Applicants have preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.190/2025 registered at Police Station – Bhanupratappur, District North Bastar Kanker (C.G.), for the offences under Sections 303(2), 3(5) and 238 of BNS. 2. The prosecution case, in brief, is that on the intervening night of 07.11.2025, with a common intention, they committed theft of the complainant's motorcycle namely Pulsar NS 125 bearing registration No.CG-24/V-4682, which was parked inside the gate of the complainant's house situated at Amapara Asulkhar within the jurisdiction of Police Station Bhanupratappur. It is further alleged that after committing theft, the accused persons changed the colour of the said motorcycle from red to black in order to conceal the evidence of theft. During investigation, on the basis of memorandum statements of the accused persons, their involvement in the alleged offence along with the child in conflict with law was revealed. Based on these allegations, the aforesaid offences have been registered against the present Applicants. Hence 3 this application. 3. Learned Counsel for the Applicants submits that the Applicants are innocent and have been falsely implicated in the present case. It is contended that the alleged seizure of the motorcycle has not been made from the personal possession of the Applicants and they have been implicated only on the basis of memorandum statements. It is further submitted that the alleged seizure was made in connection with Crime No.51/2026 registered at Police Station Pakhanjur, District North Bastar Kanker (C.G.), and thereafter, on the basis of the said memorandum, the Applicants have been implicated in the present case, though no specific overt act has been attributed to them. It is lastly submitted that the Applicants are in judicial custody since 09.04.2026 and as the trial is likely to take considerable time for its conclusion, they may be enlarged on regular bail. 4. On the other hand, learned Counsel for the State opposes the bail application and submits that there are 3 previous criminal antecedents against the present Applicants. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions advanced by learned Counsel for the parties, perusal of the case diary, the nature of 4 allegations, the fact that the alleged seizure of the motorcycle has not been effected from the personal possession of the Applicants and their implication is based upon the memorandum statements, the fact that the Applicants are in judicial custody since 09.04.2026 and further 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. 7. Let Applicants- Rahul Das and Rakesh Mandal involved in Crime No.190/2025 registered at Police Station – Bhanupratappur, District North Bastar Kanker (C.G.), for the offences under Sections 303(2), 3(5) and 238 of BNS be released on bail on their furnishing a personal bond with two local sureties each 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 5 of his/their absence, without sufficient cause, the trial court may proceed against him/them 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. 8. 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