1 CGHC010302962026 2026:CGHC:36000 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.7488 of 2026 Umesh Kumar Bharti S/o Sonadhar Bharti Aged About 30 Years R/o Koudawand Sivanaguda Para, P.S. Bakawand Bastar, C.G. ... Applicant versus State Of Chhattisgarh Through- The Police Station Bakawand, District- Bastar, C.G .... Non-applicant _____________________________________________________ For Applicant :Mr. Vikas Patel, 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.08/2026 registered at Police SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.08.14 11:15:58 +0530 2 Station – Bakawand, District Bastar (C.G.), for the offences under Sections 310(2) and 332(b) of BNS. 2. The prosecution case, in brief, is that on 23.02.2026 at about 08:30 P.M., complainant Mujuna Pradhan along with his family members had dinner and went to sleep in their respective room. During the intervening night of 23/24.02.2026 at about 01:00 A.M., some persons allegedly entered the house by jumping over the rear wall. Two of them entered the room of the complainant and woke him up, whereafter one of them caught hold of his shirt collar while the other restrained both his hands. They allegedly threatened him with a knife and demanded the key of the almirah, threatening to kill him if he raised an alarm. When the complainant stated that the key was with his wife, she was also threatened with a knife and asked to hand over the key. As the key was not available, two persons allegedly broke open the almirah using an iron rod and took away one gold ornament weighing approximately 2 tolas, a gold necklace weighing about 14 grams, one gold earring weighing about 10 grams, a mangalsutra containing gold beads, one silver waistband (kardhan), three silver anklets of different sizes, cash amounting to Rs.50,000/-, and three mobile phones, collectively valued at approximately 3 Rs.4,65,000/-. Accordingly, the offences were registered and investigation was taken up 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. He further submits that during the Test Identification Parade, the complainant failed to identify the Applicant as one of the persons involved in the alleged incident, thereby substantially weakening the prosecution case. It is further submitted that even during identification of the alleged recovered article, the complainant could only state that it “may be” the same article and therefore, the said identification is uncertain and inconclusive. He further submits that as per the prosecution case itself, the Applicant had not entered the complainant's house and was merely alleged to be standing outside, with no specific overt act or knowledge of the alleged robbery attributed to him and no incriminating material or proceeds of crime have been recovered from his possession. It is also submitted that co- accused Ajay Mali and Minochandro Bhatra have already been enlarged on bail by this Court vide orders dated 14.07.2026 and 28.07.2026 passed in MCRC Nos.5964 of 2026 and 6801 of 2026 respectively and the Applicant is 4 entitled to bail on the ground of parity. He lastly submits that the Applicant is in custody since 02.03.2026 and the trial is likely to take considerable time for its conclusion. 4. On the other hand, learned State Counsel opposes the bail application and submits that seizure has been effected from the possession of the Applicant and that the Applicant has no previous criminal antecedents. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions advanced by learned Counsel for the parrties, the material available in the case diary, the nature of allegations, the fact that the Applicant is in custody since 02.03.2026, he was not identified by the complainant during the Test Identification Parade, the alleged recovered article was not identified by the complainant with certainty, co- accused Ajay Mali and Minochandro Bhatra have already been enlarged on bail by this Court vide orders dated 14.07.2026 and 28.07.2026 passed in MCRC Nos.5964 of 2026 and 6801 of 2026 respectively, the Applicant has no previous criminal antecedents and 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 5 application. Accordingly, the bail application is allowed. 7. Let Applicant- Umesh Kumar Bharti involved in Crime No. 08/2026 registered at Police Station – Bakawand, District Bastar (C.G.), for the offences under Sections 310(2) and 332(b) 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 6 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 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