1 CGHC010301942026 2026:CGHC:35250 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7371 of 2026 1 - Ajay Patel S/o Banwali Aged About 22 Years 2 - Devendra Yadav S/o Ramkumar Yadav Aged About 19 Years Both are Resident Of Village Raksa, Tahsil Dhamdha, District Durg (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Gol Bazar, District Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Praveen Dhurandhar, Advocate For Respondent(s)/State : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/08/2026 1. The present 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 applicants, who are in judicial custody in connection with Crime No. 235/2025 registered at Police Station Gol Bazar, District Raipur (Chhattisgarh), for the offences punishable under Sections 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. RUCHI YADAV Digitally signed by RUCHI YADAV 2 2. The prosecution case, in brief, is that the complainant, Amar Das Tode, lodged a report on 09.12.2025 alleging that on 07.12.2025 at about 03:30 p.m., he had gone to the market on his Splendor Plus motorcycle bearing Registration No. CG-04/PD-6279 and parked it there. Upon returning after shopping, he found the motorcycle missing, valued at approximately Rs.35,000/-. On the basis of the report, the FIR was registered against unknown persons and, during the course of investigation, five accused persons were arrested and the charge- sheet was filed. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is submitted that the applicants have not committed the alleged theft and have been implicated merely on the basis of the seizure of the Splendor Plus motorcycle bearing Registration No. CG-04/PD-6279, which was seized in connection with Crime No. 04/2026 registered at Police Station Supela, District Durg, in which the applicants have already been enlarged on bail by the trial Court. The charge-sheet has already been filed and the applicants have been in judicial custody since 03.06.2026. The trial is likely to take considerable time to conclude. It is, therefore, prayed that the applicants be enlarged on regular bail. 4. Learned State counsel opposes the bail application and submits that the applicants have four criminal antecedents. It is further submitted that the charge-sheet has already been filed. In view of the criminal antecedents of the applicants, learned State counsel prays that the bail application be rejected. 3 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, the nature of the allegations, the fact that the charge-sheet has already been filed, the period of custody undergone by the applicants since 03.06.2026, and further considering that the motorcycle in question was seized in connection with another crime in which the applicants have already been enlarged on bail by the trial Court, this Court is of the considered view that the applicants deserve to be enlarged on bail. Accordingly, without commenting on the merits of the case, the bail application is allowed. 7. Let the applicants, namely Ajay Patel and Devendra Yadav involved in Crime No. 235/2025 registered at Police Station Gol Bazar, District Raipur (Chhattisgarh), for the offences punishable under Sections 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, 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, 4 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. (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. 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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Ruchi