1 CGHC010303612026 2026:CGHC:35997 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.7493 of 2026 Ayush Ekka S/o Nelson Ekka Aged About 21 Years R/o 27 Kholi Thakurpara, Vikas Nagar Mangla, Police Station Civil Line, District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Civil Lines, District- Bilaspur (C.G.) ... Non-applicant _____________________________________________________ For Applicant :Mr. Sudhir Bajpai, Advocate. For Non-applicant/State :Ms. Nupur Trivedi, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.08.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.138/2026 registered at Police SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.08.14 18:43:30 +0530 2 Station – Civil Lines, District Bilaspur (C.G.), for the offences under Sections 303(2) and 3(5) of BNS. 2. The prosecution case, in brief, is that complainant Shiv Sahu lodged a report at Police Station Civil Lines, Bilaspur, stating that he was working as a watchman at Paushtikam Store near Bhakt Kanwar Ram Gate and was residing there. About 18 years ago, he had purchased a Royal Enfield motorcycle bearing Registration No. RJ-07-ZX-5007 from a mechanic named Wasi. On 20.01.2026 at about 09:00 P.M., he parked the said motorcycle in front of Paushtikam Store near Bhakt Kanwar Ram Gate. However, when he woke up at about 05:00 A.M. on 21.01.2026, he found that the motorcycle was missing from the place where it had been parked and suspected that some unknown person had stolen it. Accordingly, a report regarding the theft was lodged, crime was registered against the Applicant under the aforesaid offences and the Applicant was duly arrested. Hence this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is further submitted that the subject motorcycle has not been recovered from the exclusive possession of the Applicant and there is no cogent material connecting him with 3 the alleged offence. He further submits that the Applicant is in custody since 28.03.2026, is only 21 years of age and has already been granted bail in Crime No.70/2026 by the learned Trial Court vide order dated 22.05.2026. It is lastly submitted that conclusion of trial is likely to take considerable time, therefore, the Applicant may be granted bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the subject motorcycle has not been seized from the possession of the Applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the nature of allegations, the fact that the subject motorcycle has not been recovered or seized from the possession of the Applicant, the period of custody of the Applicant since 28.03.2026, the age of the Applicant being 21 years, the fact that he has already been granted bail in Crime No.70/2026 by the learned Trial Court vide order dated 22.05.2026 and the fact that the trial is likely to take considerable time for its conclusion, without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the bail 4 application is allowed. 7. Let Applicant- Ayush Ekka involved in Crime No.138/2026 registered at Police Station – Civil Lines, District Bilaspur (C.G.), for the offences under Sections 303(2) and 3(5) of BNS be released on bail on his furnishing a personal bond with two 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/she 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/her counsel. In case of his/her absence, without sufficient cause, the trial court may proceed against him/her 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/her 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/her, 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 5 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/her 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 Priya