1 CGHC010319352026 2026:CGHC:37384 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7734 of 2026 Jai Tandi S/o Tilak Tandi Aged About 20 Years R/o Niraj Petrol Pump, Lahri Gali, Khalbada, Gudhiyari P.S. Gudhiyari, District- Raipur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through- Station House O5cer, Police Station Khamtarai, Raipur, District- Raipur, C.G. ... Non-Applicant(s) For Applicant : Mr. Ravipal Maheshwari, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/08/2026 1. The applicant has preferred this First 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. 623/2026, registered at Police Station Khamtarai, District- Raipur (C.G.) for the o=ences punishable under Sections 305, 331(4), 324(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that a report was lodged at Police Station Khamtarai, Raipur, alleging that during the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 intervening night of 07.07.2026 at about 10:30 p.m. to 08.07.2026 at about 6:00 a.m., some unknown person broke open the lock of the door of the complainant's o5ce situated near Anugrah Residency, Gondwara, and committed theft of cash amounting to Rs.1,46,000/-, one silver coin and a silver bowl kept in the drawer of a table. On the basis of the said report, Crime No. 623/2026 was registered against unknown for the o=ences punishable under Sections 305 and 331(4) of the BNS and after completion of investigation, charge-sheet has been ?led before the concerned trial Court. It is further revealed from the case diary that upon examining the CCTV footage installed at the o5ce of the complainant, a total of seven persons were seen illegally entering the premises on the night of the incident. During the course of investigation, the applicant/accused Jai Tandi and his associates were identi?ed and traced. The applicant was interrogated and his memorandum statement was recorded, pursuant to which, as per the seizure memo, an amount of Rs.2,900/- was seized from the applicant, which is alleged to be a part of the stolen amount. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the alleged crime and he has not committed any o=ence as alleged against him. He further submits that the ingredients of the o=ences punishable under Sections 305, 331(4), 324(2) and 3(5) of the BNS are not attracted against the present applicant. He further submits that the applicant has been implicated merely on the basis of memorandum statement and suspicion and the allegations against him are false and 3 baseless. It is further submitted that the applicant did not act in the manner as alleged by the prosecution and looking to the material available on record, no prima facie case is made out against him. Learned counsel further submits that the applicant has no criminal antecedent and in the present case, charge-sheet has already been ?led before the competent Court and the applicant is in jail since 10.07.2026. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the prayer for grant of bail to the applicant and submits that the applicant has no criminal antecedent. He further submits that during the course of investigation, an amount of Rs.2,900/-, alleged to be a part of the stolen amount, has been recovered and seized from the possession of the applicant pursuant to his memorandum statement. Therefore, considering the nature and gravity of the allegations and the recovery made from the applicant, he is not entitled for 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, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no criminal antecedent and also considering the recovery of Rs.2,900/- made from him, coupled with the fact that in the present case, charge-sheet has already been ?led before the competent Court, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Accordingly, the bail application is allowed. 4 8. Let the applicant – Jai Tandi, involved in Crime No. 623/2026, registered at Police Station Khamtarai, District- Raipur (C.G.) for the o=ences punishable under Sections 305, 331(4), 324(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, 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 ?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 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 su5cient 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 ?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. 5 (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 su5cient 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. 9. O5ce is directed to send a certi?ed copy of this order to the trial Court for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal