1 CGHC010250562026 2026:CGHC:34257 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5953 of 2026 Novel Jain S/o Late Tarzan Jain Aged About 22 Years (Wrongly Mentioned As Noval Jain In Order Dated 22-06-2026), R/o Ward No. 11, Rajabada, Nagri, Police Station- Nagri, District- Dhamtari (C.G.) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Nagri, District- Dhamtari (C.G.) ... Non-Applicant For Applicant : Shri Nitesh Jain, Advocate. For Non-Applicant : Shri Soumya Rai, Deputy GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05/08/2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.46/2026 registered at Police Station Nagri, District Dhamtari (C.G.) for the offence under Sections 305(a), 331(4), 317(2), 112(2) & 3 (5) of the BNS. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.06 16:22:33 +0530 2 2. The prosecution case, in brief, is that complainant, Radhika Sahu, lodged a report at Police Station Nagri stating that on 05.06.2026 at about 04:00 pm she had locked her house and gone to village Jijamgaon for Darshan (Matangi Dham visit). On 08.06.2026 at about 07:00 am, her domestic help, Bhamni Sahu, informed her over phone that the rear door of the house was found open and an empty box of gold and silver ornaments was lying in the bedroom, indicating that theft had occurred. Thereafter, the complainant returned home at about 11:00-12:00 noon and found that some unknown person had entered the house by opening the front door and committed theft of gold and silver ornaments kept in the almirah, namely: a gold Rani Haar, gold ring, gold locket, gold Gulband, gold tops, gold earrings, another gold ring, gold Marathi Mangalsutra, silver anklets, silver toe rings (bichhiya), silver waistband (kardhan), and cash amount of ₹1,000, totaling ₹7,01,000/-. On the basis of said information, FIR was registered against the applicant. Hence the bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. The name of the applicant does not find place in the First Information Report, and the applicant has been implicated subsequently only on the basis of the memorandum/disclosure statement of other co-accused persons namely Pushpjeet khare and solely on the basis of suspicion. Identically situated co- accused namely Seema Gupta who has also been made accused 3 by the memorandum statement from whose possession, one pair of silver anklets was seized also moved bail application before the trial Court and her bail application was allowed by the trial Court vide order dated 22/06/2026. The applicant has one criminal antecedent under the Gambling Act. The applicant is in jail since 13.6.2026. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicant has one criminal antecedent under the Gambling Act, and the charge sheet is yet to be submitted against the applicant. Therefore, the bail application may be rejected. 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, and the fact that name of the applicant does not find place in the FIR, the applicant has only one criminal antecedent under the Gambling Act, which is mentioned in the bail application, he is in jail since 13.6.2026, and conclusion of trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Novel Jain, involved in Crime No.46/2026 registered at Police Station Nagri, District Dhamtari (C.G.) for the offence under Sections 305(a), 331(4), 317(2), 112(2) & 3 (5) of the BNS, be released on bail on furnishing personal bond with 4 two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he 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 shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them 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 fixed 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 fixed for (i) 5 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 are 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Barve