1 CGHC010318002026 2026:CGHC:36823 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7645 of 2026 1 - Mohit Nagar S/o Iman Nagar Aged About 19 Years R/o Subhash Nagar, Mahasamund, District Mahasamund Chhattisgarh. 2 - Shobhu Devaar S/o Balram Devaar Aged About 19 Years R/o Ranisagarpaara Pithora, District Mahasamund Chhattisgarh. ... Applicants versus State of Chhattisgarh Through Station House O(cer - Pithora, District Mahasamund Chhattisgarh. ... Non-Applicant For Applicants : Mr. Pawan Kesharwani, Advocate For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.08.2026 1. This is the /rst bail application /led under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 174/2026 registered at Police Station - Pithora, District Mahasamund, (C.G.) for the o=ence punishable under Sections 305(a), 331(3), and 3(5) of the Bharatiya Nyaya Sanhita, 2023. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. As per the prosecution story, in brief, is that the complainant, namely, Lochan Patel, Committee Manager of Primary Agricultural Credit Cooperative Society Maryadit Barekel, Procurement Centre Dighepur, lodged a written report alleging that after closure of the paddy procurement season in April, 2026, various articles belonging to the Society were kept in a room situated at the Dighepur Procurement Centre, which was duly locked. It is alleged that on 11.07.2026 at about 01:00 P.M., the complainant received information that two persons were carrying certain articles from the side of Dighepur Society towards Janghora. Thereafter, upon reaching the Society, the complainant allegedly found that the lock of the said room had been broken and, on proceeding towards Janghora, intercepted two persons travelling on motorcycle bearing registration No. CG04HP5082. The said persons disclosed their names as Shobhu Dewar and Mohit Nagar. It is further alleged that various articles belonging to the Society, including electronic weighing machines, electronic cables, camera cables, CCTV cameras, weights and steel paddy measures, which were allegedly stolen from the said Society, were found loaded on the motorcycle. The said persons along with the recovered articles were thereafter taken to the Police Station through Dial-112. On the basis of the aforesaid report and recovery, the present case was registered against the applicants. Hence, the present bail application. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case and have no connection whatsoever with the alleged theft. He further submits that the 3 prosecution case is primarily based upon the alleged recovery of certain old and used articles from the possession of the applicants and the statements of the complainant and other witnesses, while the evidentiary value, ownership and circumstances of the alleged recovery are matters to be adjudicated during trial. It is further submitted that the applicants are engaged in the business of dealing in scrap/old articles and had visited village Dighepur in connection with their occupation, and that the articles in question were old and used articles allegedly purchased by them from villagers. It is also submitted that there is no allegation that the applicants had any prior acquaintance with the complainant or any motive to commit theft from the procurement centre. He further submits that the alleged incident does not involve any use of deadly weapon, assault, threat or causing injury to any person and the alleged stolen articles, valued at approximately Rs.78,250/-, have already been recovered. He further submits that the applicant No.2 has only one previous criminal antecedent which is pending and applicant No.1 has no previous criminal antecedent. It is submitted that the applicants are young persons aged about 19 years, they are in jail since 11.07.2026, the charge-sheet has been /led and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned counsel for the State opposes the bail application of the applicants and submits that the charge-sheet has been /led before the competent Court. She further submits that the applicants were found in possession of the articles allegedly stolen 4 from the Dighepur Procurement Centre, which were recovered from their possession along with the motorcycle used for transporting the said articles. It is further submitted that the allegations are supported by the statements of the complainant and other witnesses and that the recovery of the stolen property connects the applicants with the alleged o=ence. She further submits that the applicant No.2 has one previous criminal antecedent which is pending. Hence, considering the nature of the allegations and the material available against the applicants, the bail application deserves to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and the submissions made by learned counsel for the parties, though the allegations against the applicants are that they were found in possession of articles allegedly stolen from the Dighepur Procurement Centre, which were recovered from their possession while being transported on a motorcycle and the applicant No.2 has previous criminal antecedent which is pending, but also considering the fact that the charge-sheet has been /led in the present case, they are in jail since 11.07.2026, and so far as the criminal antecedents of the applicants are concerned, applicant No.2 has only one previous criminal antecedent which is pending and is explained and applicant No.1 has no previous criminal antecedent, and trial is likely to take sometime for its conclusion, 5 accordingly, without commenting on the merits of the case, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicants is allowed. Let the Applicants – Mohit Nagar and Shobhu Devaar, involved in Crime No. 174/2026 registered at Police Station - Pithora, District Mahasamund, (C.G.) for the o=ence punishable under Sections 305(a), 331(3), and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall /le an undertaking to the e=ect that they shall not seek any adjournment on the dates /xed 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 /xed, either personally or through their counsel. In case of their absence, without su(cient 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 6 and the applicants fail to appear before the Court on the date /xed in such proclamation, then, the trial court shall 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 /xed 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 su(cient 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. O(ce is directed to provide a certi/ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan