1 CGHC010309782026 2026:CGHC:36031 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7498 of 2026 1 - Ayush Ekka S/o Nelson Ekka Aged About 21 Years R/o 27 Kholi Thakurpara, Vikas Nagar Mangla, Police Station Civil Line, District- Bilaspur, C.G. ... Applicants) versus 1 - State of Chhattisgarh Through- Station House Officer, Police Station - Sarkanda, District- Bilaspur, C.G. ... Respondent(s) For Applicant(s) : Mr. Sudhir Kumar Bajpai, Advocate For Respondent(s)/State : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.08.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking grant of regular bail to the applicant, who is in judicial custody in connection with Crime No. 87/2026 registered at Police Station RUCHI YADAV Digitally signed by RUCHI YADAV 2 Sarkanda, District- Bilaspur, (Chhattisgarh), for the offences punishable under Sections 303(2), 112 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that during the intervening night of 17.01.2026 and 18.01.2026, the applicant/accused, in connivance with the co-accused and in furtherance of their common intention, allegedly committed theft of motorcycle bearing registration No. CG-10-BV-7666 (Jawa 42 FJ), belonging to the complainant Rakesh Sahu, by dishonestly removing the same from his possession without his consent. The alleged incident took place in front of New A-One Restaurant, Mopka, Police Station Sarkanda, District Bilaspur (Chhattisgarh). Accordingly, the applicant has been charged with offences punishable under Sections 303(2), 112 and 3(5) 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. It is submitted that the applicant has already been granted bail in Crime No. 70/2026 by the learned trial Court vide order dated 22.05.2026 and, in Crime No. 63/2026, by this Court vide order dated 04.08.2026 passed in MCRC No. 6401 of 2026. It is further submitted that the charge-sheet has already been filed and that the applicant has been in judicial custody since 21.04.2026. The trial is likely to take considerable time to conclude. Accordingly, learned counsel prays that the applicant be enlarged on regular bail. 4. Learned State counsel opposes the bail application and submits that the charge-sheet has already been filed. She further submits that 3 although no seizure has been made from the applicant, considering the material available on record, the applicant does not deserve to be enlarged on bail. Accordingly, it is prayed that the bail application be rejected. 5. I have heard learned counsel appearing for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, submissions made by learned counsel for the parties, the fact that the applicant has been in judicial custody since 21.04.2026, the charge- sheet has already been filed, no seizure has been made from the applicant and the trial is likely to take considerable time to conclude, coupled with the fact that the applicant has already been granted bail in Crime No. 70/2026 by the learned trial Court and in Crime No. 63/2026 by this Court, without commenting upon the merits of the case, this Court is of the considered view that the applicant deserves to be enlarged on bail. 7. Accordingly, the bail application is allowed. Let the Applicant –Ayush Ekka involved in Crime No. 87/2026 registered at Police Station Sarkanda, District- Bilaspur, (Chhattisgarh), for the offences punishable under Sections 303(2), 112 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on 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 he shall not seek any adjournment on the dates fixed for evidence when the witnesses 4 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 counsel. In case of his absence, without sufficient 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 fixed 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 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 5 proceed against him in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 9. 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 Ruchi