1 CGHC010309702026 2026:CGHC:36323 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7551 of 2026 1 - Bhishmdev S/o Ramkumar Aged About 22 Years R/o Village Kurma, Dongri, P.S. And Tahsil Baloda District- Janjgir- Champa (C.G.) ... Applicant(s) versus 1 - State of Chhattisgarh Through Police Station Koni, District- Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Chandra Prakash Jangde along with Mr. Sourabh Sonwani, Advocate For Respondent(s)/State : Mr. Jitendra Shrivastava, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.08.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking grant of regular bail to the applicant, who is in judicial custody in connection with Crime No. 119/2026 registered at Police Station Koni, District- Bilaspur (Chhattisgarh), for the offences punishable under RUCHI YADAV Digitally signed by RUCHI YADAV 2 Sections 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution story, the complainant, namely Vishal Saluja, lodged the FIR on 28.03.2026 alleging that his driver informed him that on 28.03.2026 at about 02:00 a.m., while his truck bearing registration No. CG 10 BS 9548 was parked in front of Jay Tata Motors, Village Sendri, on NH-130, some unknown persons committed theft of 270 litres of diesel worth Rs. 25,380/- from the truck. During the course of investigation, the co-accused, namely Sanjay Kurre, Manishankar Kurre and Amit Bhardwaj, were arrested. During the recording of their memoranda, the co-accused allegedly disclosed the name of the present applicant. On the basis of the said disclosure, the present applicant was arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant is already on bail in Crime No. 128/2024 registered at Police Station Saragaon, District Janjgir-Champa (C.G.), for the offence punishable under Section 379 of the IPC. It is also submitted that the co-accused, namely Manishankar Kurre, has already been granted bail by this Court in MCRC No. 7075/2026 vide order dated 04.08.2026. Learned counsel further submits that the applicant has been in judicial custody since 18.06.2026, the investigation has been completed, and the charge-sheet has already been filed. It is further submitted that the trial is likely to take considerable time to conclude. Therefore, it is prayed that the applicant may kindly be enlarged on bail. 3 4. Learned State counsel opposes the bail application and submits that the charge-sheet has already been filed and that the applicant has three criminal antecedents of a similar nature. Therefore, considering the material available on record, the applicant does not deserve to be enlarged on bail. Accordingly, it is prayed that the bail application be rejected. 5. I have heard learned counsel appearing for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, the nature of allegations, the fact that the investigation has been completed and the charge-sheet has already been filed, the period of custody undergone by the applicant since 18.06.2026, and the fact that the co-accused, namely Manishankar Kurre, has already been granted bail by this Court in MCRC No. 7075/2026 vide order dated 04.08.2026, without commenting on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail. 7. Accordingly, the bail application is allowed. Let the Applicant – Bhishmdev involved in Crime No. 119/2026 registered at Police Station Koni, District- Bilaspur (Chhattisgarh), for the offences punishable under Sections 303(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 file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses 4 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 his counsel. In case of his absence, without sufficient 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 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) 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 sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and 5 proceed against him in accordance with law. 8. 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. 9. 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 Ruchi