1 CGHC010320312026 2026:CGHC:37572 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7789 of 2026 Kanhaiya Solde S/o Jagdish Solde Aged About 26 Years R/o Akaltara, Police Station And Tahsil - Akaltara, District- Janjgir-Champa, (C.G.) ... Applicant versus State of Chhattisgarh Through Station House O2cer, Police Station - Pamgarh, District- Janjgir-Champa, (C.G.) ... Non-applicant For Applicant : Ms. Divya Sahu, Advocate. For Non-applicant/State : Mr. Sangharsh Pandey, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.08.2026 1. This is the 7rst bail application 7led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 249/2026 registered at Police Station - Pamgarh, District – Janjgir – Champa (C.G.), for the o>ences punishable under Sections 331(4), 305(a), 317(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that on 15.06.2026, the complainant, namely Rishi Singh, lodged a report at Police Station Pamgarh stating that he owns a rice mill situated at Village Chandipara, Hedsapur, which is being operated in the name and style of Siddhi ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.08.22 12:39:38 +0530 2 Vinayak Rice Mill. The premises of the rice mill are enclosed with chain- link fencing, and Samelal Sahu has been employed as a watchman for its security. On 14.06.2026, at about 9:00 to 9:30 p.m., the watchman went towards the gate to have his dinner. After a short while, when he resumed patrolling the rice mill premises, he noticed paddy scattered behind the rice mill. Upon proceeding further, he found two bags of paddy lying in a 7eld outside the fencing. The watchman immediately informed the complainant over the phone. On the morning of 15.06.2026, at about 11:00 a.m., the complainant came to the rice mill and found that 65 bags of paddy had been stolen by some unknown persons. On the basis of the complainant’s report, Police Station Pamgarh registered First Information Report bearing Crime No. 249/2026 for the o>ences punishable under Sections 331(4), 305(a) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and investigation was initiated. During the course of investigation, the police received secret information from an informant that the paddy stolen from Siddhi Vinayak Rice Mill had been sold by Raja Lahre, a resident of Chandipara, along with his associate from Akaltara, to Rakesh Sahu, also a resident of Chandipara. Acting upon the said information, the police summoned and interrogated Raja Lahre, who disclosed that he, along with his associates, namely Ramkumar Bhargava, Kanhaiya Sinha, Bir Singh Banjare, Ajay Patle, Kanhaiya Solde and Shailesh Rai, had committed the theft at Siddhi Vinayak Rice Mill, Chandipara. The present applicant and the other accused persons were thereafter interrogated, and their respective memorandum statements were recorded. In their statements, they disclosed that they had sold the stolen paddy to Rakesh Sahu. Thereafter, Rakesh Sahu was taken into custody and interrogated. In his memorandum statement, he stated that he had sold the stolen paddy to Kanha Rice Mill. During 3 the course of investigation, Tarachand, the proprietor of Kanha Rice Mill, was summoned and his statement was recorded. He stated that he had purchased 52 bags of Swarna paddy from Rakesh Sahu, a resident of Chandipara, on 13.06.2026, and 33 bags of Swarna paddy from Karan Nirala, a resident of Jhalmala, on 15.06.2026. The said paddy was seized during the course of investigation, and consequently, an o>ence punishable under Section 317(2) of the Bharatiya Nyaya Sanhita, 2023, was added against Rakesh Sahu. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. She further submits that though the applicant has 03 criminal antecedents under the BNS/IPC, in 01 case the applicant as already been acquitted and other 02 cases are still pending, explanations in this regard have also been furnished in Part D of the present bail application. She further submits that other co-accused persons, namely, Veersingh Banjare, Ajay Patle and Laxmi Kumar Sinha have already been granted regular bail by this Court vide orders dated 05.08.2026 and 13.08.2026 in MCRC No. 7148 of 2026 and MCRC No. 7511 of 2026. Therefore, she submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 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. 6. Taking into consideration the facts and circumstances of the case as the co-accused persons, namely, Veersingh Banjare, Ajay Patle and Laxmi Kumar Sinha have already been granted regular bail by this Court vide 4 orders dated 05.08.2026 and 13.08.2026 in MCRC No. 7148 of 2026 and MCRC No. 7511 of 2026, further, the fact that the charge - sheet has already been submitted in the present case before the competent Court and he has been in jail since 16.06.2026, conclusion of the trial may take some more time, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Kanhaiya Solde, involved in Crime No. 249/2026 registered at Police Station - Pamgarh, District – Janjgir – Champa (C.G.), for the o>ences punishable under Sections 331(4), 305(a), 317(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall 7le an undertaking to the e>ect that he shall not seek any adjournment on the dates 7xed 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 7xed, either personally or through his counsel. In case of his absence, without su2cient 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 7xed in such 5 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 7xed 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 su2cient 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. O2ce is directed to send a certi7ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek