1 CGHC010225552026 2026:CGHC:36867 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5434 of 2026 Aakib Qureshi S/o Akhtar Qureshi Aged About 30 Years R/o Telibandha District Raipur C.G. ... Applicant(s) versus State Of Chhattisgarh Through- Station House O+ce Police Station Telibandha District Raipur C.G. ... Non-applicant(s) For Applicant : Mr. Udho Ram Koshaley, Advocate. For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/08/2026 1. This application has been preferred by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in connection with Crime No.174/2026 registered at Police Station Telibandha, District Raipur (C.G.) for the o=ences punishable under Sections 331(4) and 305 of the Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution story, in brief, is that on 13.04.2026, the complainant namely Ajay Thakur lodged a report at Police Station KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Telibandha, alleging that some unknown person had committed theft of gold and silver ornaments and cash of Rs.30,000/- from his house situated at Kanshiram Nagar, Tandon Chowk, Raipur. On the basis of the said report, the aforesaid o=ences were registered against unknown person and during the course of investigation, the present applicant was arrested on 14.04.2026. It is further alleged that, on the basis of the memorandum statement of the applicant, gold and silver ornaments, LED, chandelier light and cash amounting to Rs.10,500/- were seized. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant has not committed theft of the gold and silver ornaments from the house of the complainant and has been implicated merely on suspicion. Learned counsel further submits that the charge-sheet has already been Bled and the applicant is in judicial custody since 14.04.2026 and the trial is likely to take considerable time for its conclusion. It is also submitted that the applicant has no previous criminal antecedent. On these grounds, he prays that the applicant may kindly be released on bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that, during the course of investigation, on the basis of the memorandum statement of the applicant, gold and silver ornaments, LED, chandelier light and cash amounting to Rs.10,500/- have been recovered and seized from the applicant. She further submits that the applicant has two criminal antecedents under the Excise Act of the year 2021 and 2023. Therefore, he 3 prays for rejection of the bail application. 5. I have heard learned counsel for the parties and perused the case diary and other material available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of o=ence, period of detention of the applicant since 14.04.2026 and the fact that in the present case, charge- sheet has been Bled before the competent Court and also considering the criminal antecedents of the applicant as disclosed by the learned State counsel and the recovery made from him, thus without commenting anything on the merits of the case, this Court is inclined to grant bail to the applicant. 7. Accordingly, the bail application is allowed. 8. Let the Applicant- Aakib Qureshi, involved in Crime No.174/2026 registered at Police Station Telibandha, District Raipur (C.G.) for the o=ences punishable under Sections 331(4) and 305 of the 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 Ble an undertaking to the e=ect that he shall not seek any adjournment on the dates Bxed 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. 4 (ii) The applicant shall remain present before the trial court on each date Bxed, either personally or through his counsel. In case of his absence, without su+cient 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 Bxed 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 Bxed 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 su+cient 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. Sd/- (Ramesh Sinha) Chief Justice Kunal