1 CGHC010320512026 2026:CGHC:36793 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7630 of 2026 Kaushal Kumar Sah S/o- Namilal Prasad Sah (Correct Name Mentioned As Per Aadhar) Aged About 31 Years R/o- Bagiyapur Saran Sekpura, Police Station- Bagiyapur, District- Chhapra (Bihar) At Present R/o- Adarsh Colony, Line No. 1, Police Station- Golapur, District- East Symbo (Jharkhand) ... Applicant versus State of Chhattisgarh Through Station House O7cer, Police Station - Khamhardih Raipur, District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Ali Afzaal Mirza, Advocate. For Non-applicant/State : Mr. Soumya Rai, Dy. Govt. Advocate. 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 153/2026 registered at Police Station – Khamhardih, District - Raipur (C.G.) o@ence under Sections 331(4), 305, 317(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that on 11.05.2026, the complainant lodged an oral report stating that he runs a jewellery shop in the name and style of “Lakshya Jeweler”. On 09.05.2026, as per his ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.08.19 13:02:54 +0530 2 usual routine, the complainant, along with his younger brother, namely Lakshya Murpani, closed the jewellery shop at about 9:15 p.m., locked the shutter with locks, and went home. The said jewellery shop contained gold and silver ornaments, along with gold coins and biscuits, which were kept in the drawers as well as in the showcases. The shop also contained cash amounting to Rs.15,000/-, which was kept in a locked box after the day’s sales. On the following day, i.e., Sunday, 10.05.2026, the shop remained closed. Thereafter, on 11.05.2026, at about 11:00 a.m., when the complainant’s younger brother went to open the shop, he found that the shutter of the shop was closed but the locks were missing. Thereafter, when he entered the shop, he found that all the articles inside the shop were scattered and that the gold and silver ornaments kept in the showcases, as well as the gold coins and biscuits kept in the drawers, were missing. Thereafter, the complainant’s younger brother informed his family members over the phone. Subsequently, the complainant and his father went to the shop and found that the gold and silver ornaments were missing and that only empty boxes were lying in the shop. They further found that the gold and silver ornaments kept in the drawers, along with gold biscuits and coins, approximately 15 kilograms of silver ornaments, and cash amounting to Rs.15,000/-, having an aggregate value of approximately Rs.90 lakhs, were missing from the shop. Upon checking the CCTV footage, the complainant found that on 10.05.2026, at about 03:00 a.m., two unknown persons broke open the locks of the shop, entered the premises, and committed theft of approximately 500 grams of gold ornaments, along with gold coins and gold biscuits, approximately 15 kilograms of silver ornaments, and cash amounting to Rs.15,000/- from the drawer, constituting an aggregate loss of approximately Rs.90 lakhs to the complainant. On the information 3 furnished by the complainant, an F.I.R. bearing Crime No. 153/2026 was registered against unknown persons at Police Station Khamhardih, Raipur Commissionerate, for the o@ences punishable under Sections 331(4), 305 and 3(5) of the B.N.S., 2023. Upon completion of the investigation, the charge-sheet bearing No. 135/2026 was presented before the learned Judicial Magistrate First Class, Raipur, on 27.06.2026, for the o@ences punishable under Sections 331(4), 305, 317(2) and 3(5) of the B.N.S., 2023. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. He submits that the main accused in the instant case is Sahil Soni, and the present applicant has been implicated in the instant case on the basis of his memorandum statement. In the said memorandum statement, Sahil Soni has stated that he had given the applicant one silver coin, one silver ring, one silver cluster of keys, and one silver bracelet, which were subsequently seized from the possession of the applicant. The applicant became acquainted with Sahil Soni, i.e., the main accused, and the articles seized from the applicant were given to him by Sahil Soni in a packet for safe custody. The bracelet seized from the applicant was given to him as a gift. The applicant had no knowledge that the said articles were stolen. The conduct of the applicant was bona ;de, as he had merely kept the articles given by Sahil Soni for safe custody, with the intention of returning the same to him. He also submits that the applicant is a resident of Jamshedpur, Jharkhand, and has never visited Raipur. It is pertinent to mention that on the date of the alleged incident, the applicant was present at his home in Jamshedpur, Jharkhand, which further establishes that he had no nexus with the alleged overt act and that he has been falsely implicated in the instant crime. He also submits that the present applicant has only 01 criminal 4 antecedent under the BNS, which has already been explained in Part D of the present bail application. He further submits that the present applicant has been in jail since 20.05.2026 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application and submit that the charge-sheet has been ;led in the present case before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the present applicant has 01 criminal antecedent under the BNS, which has already been explained in Part D of the present bail application and also considering the fact that in the present bail application the charge- sheet has been ;led before the competent Court and the present applicant has been in jail since, 20.05.2026 and conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant – Kaushal Kumar Sah involved in Crime No. 153/2026 registered at Police Station – Khamhardih, District - Raipur (C.G.) o@ence under Sections 331(4), 305, 317(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall ;le an undertaking to the e@ect that he shall not seek any adjournment on the dates ;xed for evidence when the witnesses are present in court. In case 5 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 ;xed, either personally or through his counsel. In case of his absence, without su7cient cause, the trial court may proceed against his 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 ;xed 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 ;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 applicant is deliberate or without su7cient 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. O7ce is directed to send a certi;ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek