1 CGHC010322022026 2026:CGHC:37589 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7822 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 ... Applicant(s) versus 1 - State of Chhattisgarh Through S H O Sarkanda, P.S. Bilaspur District Bilaspur Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Nikhil Kumar Pandey, Advocate For Respondent(s)/State : Ms. Anusha Naik, Deputy Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/08/2026 RUCHI YADAV Digitally signed by RUCHI YADAV 2 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. 379/2026 registered at Police Station Sarkanda, Bilaspur, District Bilaspur (Chhattisgarh), for the offences punishable under Sections 331(4), 305(a), 112(1)(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution case, in brief, on 16.03.2026, the complainant, Nitesh Gopinath Ranjan, lodged a report stating that, upon returning to his residence at Vivekananda Residency, he found the lock of the main door broken and discovered that an unknown person had entered the house and stolen silver ornaments, silver coins and cash amounting to approximately Rs. 7,000/-, with the total value of the stolen property being about Rs. 26,000/-. On the basis of the report, the offence was registered and investigation was commenced. During investigation, it was revealed that accused Sethi Vijay, Sethi Surya and Shashi Kumar, who had been arrested in another case registered at Police Station Basantpur, Rajnandgaon, had disclosed their involvement in the present offence along with co-accused Sethi Shiva and Venkatesh. The accused persons were accordingly arrested and taken into judicial custody. It is further alleged that the accused persons were involved in similar thefts at several places in the Sarkanda area during the same night, pursuant to which Section 112(1) and (2) of the BNS was added. The charge-sheet has been filed against the arrested accused persons, while further investigation regarding the absconding accused is stated to be pending. Hence, the present bail application. 3 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 bail in two cases by the learned 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 material available on record. 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 4 custodial interrogation is required, coupled with the fact that the applicants have already been granted bail in some of the other cases by the learned Sessions Court as well as by this Court, this 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 applicants, namely Setthi Vijay, Setthi Surya and Shashi Kumar involved in Crime No. 379/2026 registered at Police Station Sarkanda, Bilaspur, District Bilaspur (Chhattisgarh), for the offences punishable under Sections 331(4), 305(a), 112(1)(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on their furnishing personal bonds with two local 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, 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 5 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