1 CGHC010259672026 2026:CGHC:35689 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6235 of 2026 1 - Bhavani Thanapati S/o Late Kishore Kumar Aged About 25 Years R/o Ward No. 26, Nagar Kotwali, Police Line, District Rajnandgaon (C.G.) ... Applicant(s) versus 1 - State of Chhattisgarh Through Police Station Basantpur, District - Rajnandgaon (C.G.) ... Respondent(s) For Applicant(s) : Mr. Goutam Khetrapal, Advocate For Respondent(s)/State : Mr. Sumit Singh, Deputy Advocate General 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 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. 223/2026 registered at Police Station RUCHI YADAV Digitally signed by RUCHI YADAV 2 Basantpur, District Rajnandgaon (Chhattisgarh), for the offences punishable under Sections 316(5) and 238 of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that during investigation of Crime No. 161/2026 registered at Police Station Basantpur under Sections 6 and 7 of the Gambling Act, suspicious UPI transactions were noticed from a seized mobile phone. Upon examination of the CCTV footage of the police station, it was found that the present applicant, Constable No. 535 Bhavani Thanapati, had allegedly entered the Station House Officer’s room without authorization on 21.04.2026 and deleted the CCTV data, thereby allegedly causing disappearance of evidence. On the basis of the inquiry and report submitted by the police authorities, Crime No. 223/2026 was registered against the applicant for the offences punishable under Sections 316(5) and 238 of the Bharatiya Nyaya Sanhita, 2023 and investigation was taken up. 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 prosecution case is primarily based on electronic evidence, including CCTV/DVR footage and alleged UPI transactions, which are yet to be conclusively established through forensic examination. The applicant is a permanent government servant, has been in judicial custody since 06.06.2026, and has already been placed under suspension and is facing departmental proceedings. It is further submitted that the applicant has no criminal antecedents and trial is likely to take considerable time. Accordingly, it is prayed that the applicant be enlarged on regular bail. 3 4. Learned State counsel opposes the bail application; however, fairly submits that the applicant has no criminal antecedents and the charge- sheet has already been filed. It is further submitted that, considering the nature of the allegations and 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 entire facts and circumstances of the case, the submissions made by learned counsel for the parties, the fact that the applicant has been in judicial custody since 06.06.2026, has no criminal antecedents, the charge-sheet has already been filed and the trial is likely to take considerable time, this Court is of the considered view that the applicant deserves to be enlarged on regular bail. 7. Accordingly, the bail application is allowed. Let the Applicant – Bhavani Thanapati involved in Crime No. 223/2026 registered at Police Station Basantpur, District Rajnandgaon (Chhattisgarh), for the offences punishable under Sections 316(5) and 238 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 are present in court. In case of default of this condition, it shall be open for the trial court to treat 4 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 proceed against him in accordance with law. 5 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