1 CGHC010310262026 2026:CGHC:35993 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7479 of 2026 1 - Abhishek Miri S/o Shri Anil Miri Aged About 20 Years R/o Village - Baigin, Bandhan Mochipara, Champa, P.S.- Champa, Teh. Champa, Distt. Janjgir- Champa, C.G. 2 - Nitesh Kurre S/o Shri Ganesh Kurre Aged About 20 Years R/o Village - Baigin, Bandhan Mochipara, Champa, P.S.- Champa, Teh. Champa, Distt. Janjgir-Champa, C.G. ... Applicants versus State Of Chhattisgarh Through District Magistrate, Janjgir, District – Janjgir- Champa, C.G. (Also Mentioned In Impugned Order As State Of Chhattisgarh Through Station House Officer, Champa, District – Janjgir-Champa, C.G.) ---- Non-applicant For Applicant : Mr. Vivek Kumar Shrivastava, Advocates. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.08.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 71/2026, registered at Police Station – Champa, District – Janjgir- Champa (C.G.) for the offence punishable under Sections 305(a), 331(4), 112(2) and 3(5) of the BNS. 2. The case of the prosecution, is that the complainant appeared at Champa Police Station on 20.02.2026 and lodged a report stating that between 12:00 PM on 19.02.2026 and 7:00 AM on 20.02.2026, unknown persons broke the window of a room in the Government Middle School, Bhojpur, and committed theft of a computer, projector, RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Wi-Fi set, speaker, and other articles from the school. On the basis of the complainant's report, the police at Champa Police Station registered a First Information Report (FIR) and took up the matter for investigation. During the investigation, a site plan (spot map) of the place of occurrence was prepared, and statements of the witnesses were recorded. On 05.05.2026, the Champa Police received information from an informant that certain persons were roaming near the Bhojpur railway crossing with the intention of selling stolen property. Acting on this information, the police, along with their staff, reached the spot, surrounded the suspects, and apprehended three persons. Upon inquiry, they disclosed their identities as: 1. Yash Miri, son of Mukesh Miri, aged 20 years, 2. Abhishek Miri, son of Anil Miri, aged 20 years, 3. Nitesh Kurre, son of Ganesh Kurre, aged 20 years, all resident of Baigin Bandhan, Mochi Para, Champa, Police Station Champa, District Janjgir- Champa. 3. During interrogation, the suspects confessed to having committed the offence. Their separate memorandum statements were recorded. They admitted that they had committed the theft at the Government Middle School, Bhojpur during the night intervening 19.02.2026 and 20.02.2026. They further confessed to another incident of theft committed during the night of 09.03.2026, wherein they broke the lock of the vacant house of Jai Kumar Kumhar situated at Beldar Para, Champa, and committed theft. The stolen property was recovered from the possession of the accused persons. In accordance with the seizure memo and in the presence of witnesses, the police separately seized a Wi-Fi set, speaker, Tullu pump, and other stolen articles from the 3 accused. They were arrested on 5.5.2026. During the investigation, one accused was absconding, namely Kunal Miri, he was subsequently interrogated in connection with the offence and his memorandum statement was recorded, wherein he admitted that he had committed the theft along with co-accused Yash Miri, Abhishek Miri, and Nitesh Kurre. He also produced an old CPU of the stolen computer from his house, which was seized by the police on 27.05.2026. Upon completion of the investigation, a charge-sheet was filed against all the accused before the competent Court. Hence, this application. 4. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is further submitted that the co-accused persons have been granted bail by this Court vide order dated 27.07.2026 passed in MCRC No.6283/2026. The applicants are in jail since 05.05.2026 and trial is likely to take quite long time for its conclusion, therefore, on the ground of parity they may be granted bail. 5. On the other hand, learned State counsel opposes the bail application of the applicants, but could not dispute the fact that co-accused persons have already been granted bail by this Court and the case of the present applicants is identical to that of the co-accused. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. Taking into consideration the facts and circumstances of the case, and the fact that the co-accused persons have been granted bail by this Court vide order dated 27.07.2026 passed in MCRC No.6283/2026, 4 and the applicants are in jail since 05.05.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application, on the ground of parity. 8. Let applicants – Abhishek Miri and Nitesh Kurre, involved in Crime No. 71/2026, registered at Police Station – Champa, District – Janjgir- Champa (C.G.) for the offence punishable under Sections 305(a), 331(4), 112(2) and 3(5) of the 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 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 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 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 Rajshekhar