1 CGHC010311472026 2026:CGHC:35623 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7389 of 2026 Ashok Thakur, S/o- Late Shri Suresh Thakur, Aged About 32 Years R/o- Lamni, Thotapara, Thana Bodhghat, Jagdalpur, District- Bastar (C.G.) ... Applicant versus State of Chhattisgarh Through The Police Station- Bodhghat, Jagdalpur, District- Bastar, Chhattisgarh ... Non-Applicant For Applicant : Mr. Ishan Verma, Advocate. For Non-Applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.08.2026 1. This is the first bail application filed 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 – Bodhghat, Jagdalpur, District- Bastar (C.G.), for the offences punishable under Sections 303(2) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that on 24.04.2026, the complainant parked his Hero HF Deluxe motorcycle bearing Registration No. CG-17- KH-1841 in the parking area of the District Court premises, Jagdalpur, while attending to his official duties. Upon completion of his official work, when he returned to the parking area, he found that the said motorcycle PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.08.13 17:08:19 +0530 2 was missing. Consequently, the complainant lodged an FIR against an unknown person at Police Station Bodhghat, District Bastar, on 25.04.2026, on the basis of which Crime No. 153/2026 was registered for the offence punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the alleged incident pertains to the theft of a motorcycle parked in an open public place and the prosecution has failed to place on record any direct evidence demonstrating the actual involvement of the applicant in the commission of the alleged offence. The investigation has already been completed, the charge-sheet has been filed before the competent Court and the alleged stolen motorcycle has already been recovered. It is also submitted that the applicant has no previous criminal antecedents. Learned counsel further submits that the charge-sheet has already been filed before the competent Court and that the applicant has been in judicial custody since 03.06.2026. Considering the aforesaid facts and circumstances, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. She further submits that from the possession of the applicant motorcycle has been seized, Therefore, it is contended that the applicant is not entitled to the grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature of allegations, and the material available on record, particularly the fact that the charge-sheet has already been filed, the applicant has no 3 previous criminal antecedents and he is in jail since 03.06.2026, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the Applicant – Ashok Thakur, involved in Crime No. 153/2026 registered at Police Station – Bodhghat, Jagdalpur, District- Bastar (C.G.), for the offences punishable under Sections 303(2) of Bharatiya 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 file an undertaking to the effect that 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against 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 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 her, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 4 (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 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 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 Preeti