1 CGHC010301692026 2026:CGHC:34512 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7150 of 2026 Yogesh Sahu S/o Banshilal Sahu Aged About 35 Years R/o Simga, Police Station - Simga, District Balodabazar-Bhatapara Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Station House O-cer, Police Station - Sankra, District Mahasamund Chhattisgarh ... Non-applicant(s) For Applicant : Ms. Pooja Yadav, Advocate For Non-applicant/State : Mr. S.S. Baghel, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.08.2026 1. This is the 5rst bail application 5led under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 186/2025 registered at Police Station Sankra, District Mahasamund (C.G.), for the o;ences punishable under Sections 331(4), 305(a) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution story, in brief, on the basis of the report lodged by the complainant Yogesh Agrawal on 06.12.2025, it was KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 alleged that during the intervening night of 04/05.12.2025, unknown persons committed house-breaking at his residence by breaking open the lockers of the almirahs and committed theft of cash amounting to Rs.11,00,000/- along with gold and silver ornaments, valuing in all about Rs.14,73,000/-. During the course of investigation, on the basis of the memorandum statement of the co- accused and other material collected during investigation, the present applicant was arrested. The memorandum statement of the present applicant disclosed his participation in the commission of the o;ence along with the other co-accused persons and, pursuant thereto, approximately 09 grams of gold ornaments and 78 grams of silver ornaments were recovered from his possession. After completion of investigation, charge-sheet has been 5led against the applicant and other co-accused persons for the aforesaid o;ences. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. She submits that the FIR was initially registered against unknown persons and the applicant has been implicated merely on the basis of the memorandum statements of the co-accused persons. It is further submitted that no theft article was recovered from the conscious and exclusive possession of the applicant so as to connect him with the alleged o;ence and there is no cogent evidence establishing his involvement in the commission of the crime. She further submits that the investigation has already been completed and charge-sheet has been 5led, therefore, his further custodial interrogation is no longer required. It is also submitted that 3 similarly situated co-accused persons namely Hemant @ Kanha Agrawal and Shubham Sahu have already been granted regular bail by this Court vide orders dated 13.07.2026 and the case of the present applicant stands on similar footing. Learned counsel further submits that the applicant has one criminal antecedent under the provisions of the BNS pertaining to the year 2025, which is still pending, as explained in Part-D of the bail application, the applicant is in custody since 19.01.2026, and the conclusion of the trial is likely to take considerable time. Hence, he prays for grant of regular bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that during investigation, on the basis of the memorandum statement of the present applicant, about 09 grams of gold ornaments and 78 grams of silver ornaments forming part of the stolen property were recovered from his possession, which prima facie connects him with the commission of the o;ence. He further submits that the present applicant has one criminal antecedent of the year 2025 under the BNS, which is still pending, however, he fairly submits that similarly situated co-accused persons namely Hemant @ Kanha Agrawal and Shubham Sahu have already been enlarged on bail by this Court vide orders dated 13.07.2026 and could not dispute the said fact. However, he prays for rejection of the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 4 6. Taking into consideration the facts and circumstances of the case, particularly the fact that the investigation has been completed and the charge-sheet has already been 5led and the applicant is in custody since 19.01.2026, the trial is likely to take considerable time for its conclusion, and further considering that similarly situated co-accused persons namely Hemant @ Kanha Agrawal and Shubham Sahu have already been granted bail by this Court vide order dated 13.07.2026, this Court is of the considered opinion that the present applicant is also entitled to the bene5t of parity. Although 09 grams of gold ornaments and 78 grams of silver ornaments are stated to have been recovered from the possession of the applicant and the applicant has one criminal antecedent of the year 2025, as explained in Part-D of the bail application, considering the overall facts and circumstances of the case, this Court is inclined to enlarge the applicant on regular bail. 7. Accordingly, the bail application is allowed. 8. Let applicant, Yogesh Sahu, involved in Crime No. 186/2025 registered at Police Station Sankra, District Mahasamund (C.G.), for the o;ences punishable under Sections 331(4), 305(a) 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 5le an undertaking to the e;ect that he shall not seek any adjournment on the dates 5xed for evidence when the witnesses are present in court. In case of default of this condition, it shall be 5 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 5xed, either personally or through his counsel. In case of his absence, without su-cient 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 5xed 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 5xed 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 su-cient 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. O-ce is directed to send a certi5ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal