1 CGHC010295992026 2026:CGHC:34608 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6985 of 2026 1 - Dev Kumar Bhardwaj S/o Dujeram Bhardwaj Aged About 33 Years R/o Ward No. 7, Village Medhapali, P.S. And Tahsil Dabhara, Distt. Sakti, Chhattisgarh. ... Applicant(s) versus 1 - State of Chhattisgarh Through Thana In Charge, P.S. Chakradhar Nagar, Distt. Raigarh, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Rajendra Tripathi, Advocate For Respondent(s)/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.08.2026 1. This is the Third bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of regular bail to the applicant, who is in judicial custody in connection with Crime No. 357/2025 registered at Police Station Chakradhar Nagar, District RUCHI YADAV Digitally signed by RUCHI YADAV 2 Raigarh, Chhattisgarh, for the offences punishable under Sections 303(2), 112 (2) [As per Challan] and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. Earlier, the first bail application filed by the applicant was rejected vide order dated 05.01.2026 passed in MCRC No. 8038 of 2025. Subsequently, the second bail application filed by the applicant was also rejected vide order dated 19.02.2026 passed in MCRC No. 1616 of 2026. 3. As per the prosecution case, in brief, the complainant lodged a report at the concerned Police Station alleging that, on the date of the incident, unknown persons had committed theft of his motorcycle from the parking place. On the basis of the said report, a crime was registered against unknown persons for the alleged offences. During the course of investigation, the police, on the basis of the memorandum statement of the co-accused, arrested the present applicant and implicated him in the alleged offence. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant has been in judicial custody since 23.09.2025, the investigation has been completed and the charge- sheet has already been filed. It is also submitted that the trial is likely to take considerable time to conclude. Therefore, it is prayed that the applicant be enlarged on regular bail. 5. Per contra, learned State counsel opposes the bail application and submits that although the investigation has been completed and the charge-sheet has already been filed, considering the nature and gravity 3 of the allegations and the material collected during the investigation, no case for grant of bail is made out. It is, therefore, prayed that the bail application be rejected. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, particularly the fact that the applicant has remained in judicial custody since 23.09.2025, the investigation has been completed and the charge-sheet has already been filed before the competent Court, the custodial interrogation of the applicant is no longer required, coupled with the fact that the trial is likely to take considerable time to reach its logical conclusion, this Court is of the considered view that no useful purpose would be served by keeping the applicant in further pre-trial detention. Accordingly, without expressing any opinion on the merits of the case, this Court deems it appropriate to enlarge the applicant on regular bail. 8. Accordingly, the bail application is allowed. Let the Applicant – Dev Kumar Bhardwaj involved in Crime No.-357/2025 registered at Police Station Chakradhar Nagar, District Raigarh, Chhattisgarh, for the offences punishable under Sections 303(2), 112 (2) [As per Challan] 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. 9. 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. 10. 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