1 CGHC010322212026 2026:CGHC:37657 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7840 of 2026 1 - Setthi Vijay S/o Shri Devendra Setthy Aged About 45 Years R/o Nampalli Railway Station P.S. Banjara District Hyderabad (Telangana) (Wrongly Mentioned In The Impugned Order As Vijay Setthi) 2 - Setthi Surya S/o Shri Vijay Kumar, Aged About 31 Years R/o Godupal Aayat Nagar P.S. Ring Road Uppal Nagar District Hyderabad (Telangana) 3 - Shashi Kumar S/o Shri Vashu Kumar, Aged About 23 Years R/o Village Shailam District Silayampatti Tamil Nadu . ... Applicants versus State Of Chhattisgarh Through - S H O Sarkanda P.S. Bilaspur District Bilaspur (C.G.) ... Non-Applicant For Applicants : Shri Nikhil Kumar Pandey, Advocate. For Non-Applicant : Ms. Anusha Naik, Deputy GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21/08/2026 KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.21 20:07:16 +0530 2 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 applicants who have been arrested in connection with Crime No.371/2026 registered at Police Station Sarkanda District Bilaspur (C.G.) for the offence under Section 303 (2) & 3 (5) of the BNS. 2. The prosecution case, in brief, is that complainant Mohan Kumar Verma reported at Police Station Sarkanda that on 14.03.2026, during the marriage ceremony of his sister Akanksha Verma, he had parked his Bajaj Pulsar motorcycle bearing registration No. CG-10-BD-7525 outside the marriage house at Ayodhya Vihar, Bahtarai, Sarkanda. On the morning of 15.03.2026 at about 9:00 A.M., he found that the motorcycle was missing and alleged that it had been stolen by an unknown person. Accordingly, an offence was registered and investigation was taken up. During investigation, the involvement of the accused/applicants was allegedly found, pursuant to which they were arrested on 29.04.2026 and sent to judicial custody. Hence the bail application. 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 been implicated primarily on the basis of their memorandum statements. Learned counsel further submits that although seven criminal antecedents are registered against the applicants, they have already been granted 3 bail in two cases by the Sessions Court and in one case by this Court vide order dated 10.08.2026 passed in M.Cr.C. No. 7271/2026. It is further submitted that the applicants have been in custody since 29.04.2026 and the charge-sheet has already been filed before the competent Court; therefore, no further custodial interrogation is required. The trial is likely to take considerable time to conclude. On these grounds, learned counsel prays that the applicants be enlarged on bail 4. Per contra, learned State counsel opposes the bail application and submits that although the charge-sheet has already been filed, the applicants are habitual offenders and have several criminal antecedents. It is further submitted that recovery amounting to Rs. 3,00,000/- has been made from the applicants. Considering the nature and gravity of the allegations and the criminal antecedents of the applicants, no case is made out for releasing the applicants on bail. 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, particularly the fact that the charge-sheet has already been filed, the applicants have been in custody since 29.04.2026 and no further custodial interrogation is required, coupled with the fact that the applicants have already been granted bail in some of the other cases by the Sessions Court as well as by this Court, this 4 Court is of the considered view that further detention of the applicants is not warranted. Further, the trial is likely to take considerable time to conclude. Accordingly, without commenting upon the merits of the case, the bail application is allowed. 7. Let the Applicant – Setthi Vijay, Setthi Surya & Shashi Kumar involved in Crime No.371/2026 registered at Police Station Sarkanda District Bilaspur (C.G.) for the offence under Section 303 (2) & 3 (5) of the BNS, be released on bail on each of them furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with 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 5 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 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 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