1 2026:CGHC:11025 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1621 of 2026 1 - Ravi Nirmalkar S/o Satish Nirmalkar Aged About 21 Years R/o Village Akaltara, Thana Akaltara, Distt. Janjgir Champa, Chhattisgarh. 2 - Sumit S/o Manoj Satnami Aged About 20 Years R/o Village Akaltara, Ward No. 5, Thana Akaltara, Distt. Janjgir Champa, Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through District Magistrate Janjgir Champa, Chhattisgarh. ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.03.2026 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 applicants who have been arrested in connection with Crime No. 367/2025 registered at Police Station - Akaltara, District- Janjgir-Champa (C.G.), for the offences punishable under Sections 331(4), 305(a) and 3(2) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution case, in brief, on 12.08.2025, the complainant, namely Ramakant Pandey, who is the Poojari of Hanuman Mandir, lodged a written report against an unknown person stating that someone PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.03.03 16:02:55 +0530 2 had committed theft of Rs.2,000/- from the temple. Thereafter, the police registered an FIR against the unknown person. During the course of investigation, on the basis of the memorandum of a co-accused person, the present applicant has been implicated in the said case. 3. Learned counsel for the applicants submits that the present applicants are innocent and have been falsely implicated in the aforesaid case. It is further submitted that the applicants are aged about 21 and 20 years, respectively, and are engaged in labour work for their livelihood. They have been in judicial custody since 31.08.2025. Learned counsel also submits that although there are three previous criminal antecedents against each of the applicants, the same have been duly explained. It is further submitted that the charge-sheet has already been filed. Hence, the present applicants are entitled to 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 charge-sheet has already been submitted in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature of allegations levelled against the applicant, and the fact that the applicants are in jail since 31.08.2025, and there are three previous criminal antecedents against each of the applicants, the same have been duly explained, the charge-sheet has been filed, and conclusion of the trial may take some more time, therefore, this Court is of the view that the present applicants is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the Applicant Nos. 1 and 2 – Ravi Nirmalkar and Sumit, respectively, involved in Crime No. 367/2025 registered at Police Station - Akaltara, District- 3 Janjgir-Champa (C.G.), for the offences punishable under Sections 331(4), 305(a) and 3(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing personal bond with two sureties each 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 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 4 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 Preeti