1 2026:CGHC:7609 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1480 of 2026 Ayush Gupta @ Ishu @ Hanta S/o Deepak Gupta, Aged About 20 Years R/o Mla Nagar, Baikunthpur District Koriya Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station Baikunthpur, District Koriya Chhattisgarh. ... Non-Applicant For Applicant : Mr. Anuroop Panda, Advocate. For Non-Applicant/State : Ms. Sameeksha Gupta, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.02.2026 1. This is the 4rst bail application 4led under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 389/2025 registered at Police Station- Baikunthpur, District Koriya, (C.G.) for the o=ence punishable under Sections 331(4), 305, 317(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that on 19.11.2025 the complainant lodged a written report against unknown persons RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 stating that on 11.11.2025, unknown thieves had stolen about 150 meters of copper pipe, valued at approximately Rs.2,50,000/-, from the oxygen plant to the CT scan room, on the basis of the said written complaint, a crime was registered and taken up for investigation, and during the course of investigation, the present applicant along with co-accused Ayush Gupta, Vikash Kumar @ Prince and Suraj Rajwade was found to have committed the theft and sold the stolen copper pipe to co-accused Mohammad Farooq; that Vikash Kumar @ Prince was found to be a minor and was accordingly arrested and produced before the Juvenile Justice Board; and after completion of investigation, the charge-sheet was 4led against the accused Ayush Gupta, Suraj Rajwade and Mohammad Farooq, while a separate supplementary charge-sheet was prepared against the juvenile delinquent Vikash Kumar. Hence, this bail application. 3. Learned counsel for the applicant submits that the present applicant is innocent and has not committed any o=ence as alleged and has been falsely implicated in the present case on the basis of false and baseless allegations. He further submits that though, as per the prosecution story, about 150 meters of copper pipe worth approximately Rs.2,50,000/- is alleged to have been stolen, only 44 inches of copper pipe along with Rs.500/- has been seized by the prosecution, which creates serious doubt regarding the prosecution version. It is further submitted that the alleged incident is stated to have occurred on 11.11.2025, whereas the complaint was lodged belatedly on 19.11.2025 without any satisfactory explanation, 3 thereby casting further doubt on the conduct of the complainant. He further submits that the present applicant has no criminal antecedents, the charge-sheet has been 4led, he is in jail since 20.11.2025, is aged about 20 years, and is su=ering greatly due to prolonged incarceration, and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the present bail application and submits that the charge-sheet has been submitted before the competent Court. She further submits that during the course of investigation, suGcient material has been collected indicating the involvement of the present applicant along with the co-accused in committing theft of copper pipes worth about Rs.2,50,000/- and selling the stolen property to co-accused Mohammad Farooq. Considering the seriousness of the o=ence and the active role attributed to the applicant in the commission of theft, therefore, the applicant is not entitled for 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 that though the applicant, along with co-accused has stolen about 150 meters of copper pipe, valued at approximately Rs.2,50,000/-, from the oxygen plant to the CT scan room, but the recovery of the present applicant is only 44 inches of copper pipe along with Rs.500/-, and the present applicant has no previous criminal antecedents, the charge-sheet has been submitted before the 4 competent Court and the age of the applicant being about 20 years, he is in jail since 20.11.2025, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Ayush Gupta @ Ishu @ Hanta, involved in Crime No. 389/2025 registered at Police Station- Baikunthpur, District Koriya, (C.G.) for the o=ence punishable under Sections 331(4), 305, 317(2) and 3(5) of the Bharatiya Nyaya Sanhita, 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 4le an undertaking to the e=ect that he shall not seek any adjournment on the dates 4xed 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 4xed, either personally or through his counsel. In case of his absence, without suGcient 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 5 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 4xed 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 4xed 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 suGcient 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. OGce is directed to provide a certi4ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan