1 CGHC010268572026 2026:CGHC:36853 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6325 of 2026 1 - Shiv Kumar Saruta S/o Itwar Singh Saruta Aged About 55 Years 2 - Dev Singh Saruta S/o Shiv Kumar Saruta Aged About 29 Years (Wrongly Mentioned As Shiv Prasad Saruta) Both are R/o Village- Chhindiya Chowki- Korbi P.S. Passan District- Korba (C.G.) 3 - Anil Kumar S/o Kunwar Singh Orkera Aged About 30 Years R/o Village- Chhindiya Chowki-Korbi P.S. Passan District- Korba (C.G.) --- Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer, Police Chowki, Korbi Police Station - Passan District- Korba (C.G.) --- Respondent(s) With MCRC No. 6456 of 2026 1 - Bihari Lal S/o Chainsay Aged About 51 Years Caste- Gond, R/o Chhindiya Police Station Pasan Chowki Korbi District- Korba (C.G.) ---Applicant(s) RUCHI YADAV Digitally signed by RUCHI YADAV 2 Versus 1 - State of Chhattisgarh Through- Police Station Pasan Chowki Korbi, District- Korba (C.G.) --- Respondent(s) For Applicant(s) : Mr. Aditya Khare, Advocate in MCRC No. 6325 of 2026 Mr. Abhinav Shrivastava, Advocate appeared through Video Conferencing in MCRC No. 6456 of 2026 For Respondent(s)/State : Ms. Nupur Trivedi, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/08/2026 1. Since both the bail applications arise out of the same crime number, they are being heard and decided by this common order. 2. The present are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking grant of regular bail to the applicants, who have been arrested in connection with Crime No. 155/2026 registered at Police Station Pasan Chowki Korbi, District Korba (C.G.), for the offences punishable under Sections 326(g), 331(4), 305(A) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 3. As per the prosecution case, in brief, applicant Suresh Kumar Raj, who was working as a supervisor at Harishankar Rathore’s crusher plant, lodged a report at Police Station Korbi stating that on 19.06.2026, at about 7:00 p.m., he visited the crusher plant and saw Shiv Kumar Saruta and two other persons removing iron sheets from the labour 3 quarters. On being questioned, they fled from the spot. Thereafter, on inspection, he found the lock of the staff room broken and the articles kept therein burnt. It was further alleged that several articles, including fans, wooden sofa, cot, iron cupboards, kitchen utensils and iron doors, along with iron sheets and doors installed on the labour quarters, were stolen. The total value of the stolen articles was stated to be approximately ₹70,000/-. It was also alleged that the accused persons had damaged and set fire to the premises. On the basis of the said report, a case was registered under Sections 326(g), 331(4), 305(A) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and investigation was taken up. 4. In MCRC No. 6325 of 2026, learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is submitted that they did not set fire to the labour quarters and, therefore, the offence under Section 326(g) of the BNS is not made out. The quarters had remained closed for five to six months, and the possibility of the fire having occurred due to an electrical fault cannot be ruled out. Learned counsel further submits that the applicants have been in judicial custody since 29.06.2026, the charge-sheet has been filed and they have no criminal antecedents. The applicants are earning members of their respective families and the trial is likely to take time. Hence, they deserve to be released on regular bail. 5. In MCRC No. 6456 of 2026, 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 was not named in the 4 initial report and his implication is based mainly on the statements of co-accused persons and an alleged recovery of general iron articles, which are not connected with the alleged place of occurrence. Learned counsel further submits that the applicant was not found at the spot at the time of the alleged incident and there is no specific overt act attributed to him. The applicant has been in judicial custody since 28.06.2026, the charge-sheet has been filed and he has no criminal antecedents. The alleged offences are triable by the learned JMFC and the trial is likely to take considerable time. Hence, the applicant deserves to be enlarged on regular bail. 6. Learned State counsel opposes the bail applications and submits that although the charge-sheet has been filed and the applicants have no criminal antecedents but the allegations against them are serious in nature. Hence, the bail applications deserve to be rejected. 7. I have heard learned counsel appearing for the parties and perused the material available on record. 8. Having considered the facts and circumstances of the case, the nature of allegations, the period of custody of the applicants and the fact that the charge-sheet has already been filed, this Court is of the view that the applicants deserve to be enlarged on bail. It is also relevant that the applicants have no criminal antecedents and the trial is likely to take considerable time. Without commenting upon the merits of the case, this Court is of the opinion that further detention of the applicants is not warranted. 9. Accordingly, both the bail applications are allowed. Let the applicants, namely Shiv Kumar Saruta, Dev Singh Saruta, Anil Kumar and 5 Bihari Lal involved in Crime No. 155/2026 registered at Police Station Pasan Chowki Korbi, District Korba (C.G.), for the offences punishable under Sections 326(g), 331(4), 305(A) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), be released on bail on their furnishing personal bonds with two sureties each in the like sum to the satisfaction of the Court concerned, subject to the following conditions:- (i) The applicants shall file an undertaking to the effect that 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 6 (iv) The applicants 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 applicants 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 them in accordance with law. 10. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 11. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Ruchi