1 CGHC010275582026 2026:CGHC:36847 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6466 of 2026 Rishi Dhivar Son Of Raghunandan Dhivar, Aged About 27 Years Resident Of Village Jalso Semartal, P. S. Koni, District Bilaspur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Hirri, District Bilaspur (C.G.) ...Non-applicant For Applicant : Mr. Ramacharan Sahu, Advocate. For Non-applicant/State : Ms. Nupur Trivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 18.08.2026 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. 146/2026 registered at Police Station – Hirri District Bilaspur (C.G.), for the offences punishable under Section 303(2) of the BNS. 2. The prosecution case, in brief, is that the complainant lodged missing report to the concerned police station that on the date of incident, the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.19 11:44:37 +0530 2 unknowns persons committed theft of tire of truck vehicle from place of incident and on the basis of complaint made by the complainant, the police has registered the case under section 303(2) of B.N.S. against the unknown person and after the investigation, the police has arrested the present applicant on the memorandum of the statement. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case merely on the basis of a memorandum statement and suspicion, without any cogent or reliable material connecting him with the alleged offence. It is submitted that no alleged stolen article has been seized from the possession or at the instance of the applicant and there is no sufficient material to establish his involvement in the alleged theft or to attract the ingredients of Section 303(2) of the Bharatiya Nyaya Sanhita, 2023. The applicant has not committed the alleged offence, the material available on record does not make out a prima facie case against him, and he has been in custody for a considerable period. It is further submitted that the case is triable by the learned J.M.F.C. and the trial is likely to take considerable time, making continued incarceration prejudicial to the applicant's future. The applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding, and he is ready to furnish adequate security and abide by all conditions imposed by this Hon’ble Court. Therefore, the applicant prays that he may kindly be released on regular bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the applicant has one 3 previous criminal antecedents and that the charge-sheet has already been filed before the competent Court. Therefore, considering the criminal antecedents of the applicant and the stage of investigation, he is not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the offence alleged against the applicant, the period of detention, as the applicant has been in judicial custody since 30.06.2026, the fact that charge-sheet has already been filed before the competent Court, and that the conclusion of the trial is likely to take considerable time, this Court is inclined to grant regular bail to the applicant. 7. Let the Applicant – Rishi Dhivar, involved in Crime No.146/2026 registered at Police Station – Hirri District Bilaspur (C.G.), for the offences punishable under Section 303(2) of the BNS, be released on bail on his furnishing personal bond with two local 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 his counsel. In case of his absence, without sufficient 4 cause, the trial court may proceed against his 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 proceed against him 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav