1 CGHC010304932026 2026:CGHC:34787 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7252 of 2026 1 - Rahul Sonwani S/o Shri Madhav Ram Sonwani Aged About 19 Years R/o Village Shivprasad Nagar, Police Chowki Basdayee, Police Station- Surajpur, District Surajpur, C.G. ... Applicant(s) versus 1 - State of Chhattisgarh Through The Station House Officer, Police Chowki Basdayee, Police Station- Surajpur, District Surajpur, C.G. ... Respondent(s) For Applicant(s) : Mr. P.K. Patel, Advocate For Respondent(s)/State : Ms. Ritika Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.08.2026 1. This is the first 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. 238/2026 registered at Police Chowki Basdei, Police Station RUCHI YADAV Digitally signed by RUCHI YADAV 2 Surajpur, District Surajpur (Chhattisgarh), for the offences punishable under Sections 305(A), 331(4), 111 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that the complainant, Sadiq, lodged a written report stating that he runs a grocery shop and a cloth shop situated on Sonpur Main Road. It is alleged that he opens his shop every day at about 8:00 a.m. and closes it at around 9:00–10:00 p.m. On 11.04.2026, after closing the shop at about 9:30 p.m., he returned home. On the following day, i.e., 12.04.2026, at about 11:00 a.m., when he opened the shop, he found that the rear door had been broken open and the goods kept inside the shop were lying scattered. It is further alleged that there was no CCTV surveillance at the shop. Upon inspection, he found that several articles, including jeans, shirts, sherwanis and coats from the cloth shop, Raj Zarda, cigarettes, the ATM cards of SBI Bank and the District Cooperative Bank, as well as the credit card, PAN card and Aadhaar card of his brother Hadis, cash of various denominations, coins and two gold coins kept in the cash box, were missing. It was also alleged that the DVR of the CCTV camera installed at the premises had been stolen by unknown persons. On the basis of the said report, Crime No. 238/2026 was registered for the offences punishable under Sections 305(A), 331(4), 111 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and the matter was taken up for investigation. During the course of investigation, the applicant and the co-accused were apprehended. It is the case of the prosecution that, on the basis of their memorandum statements, the stolen articles were recovered and seized in accordance with law. After completion of the investigation, the applicant was arrested and the charge-sheet was 3 filed before the competent Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that no prima facie case is made out against the applicant and that the alleged seizure has been falsely planted, which are matters to be adjudicated during trial. It is further submitted that the co-accused has already been enlarged on bail by this Court vide order dated 10.07.2026 passed in MCRC No. 6152 of 2026. Learned counsel further submits that the applicant has been in judicial custody since 13.04.2026, the investigation has been completed and the charge- sheet has already been filed. Therefore, there is no likelihood of the applicant influencing the prosecution witnesses or tampering with the evidence. It is also submitted that the trial is likely to take considerable time to conclude. Accordingly, it is prayed that the applicant be enlarged on regular bail. 4. Learned State counsel opposes the bail application and submits that the investigation has been completed and the charge-sheet has already been filed. It is contended that the stolen property has been recovered and seized from the possession of the applicant. Considering the nature and gravity of the offence and the material collected during investigation, it is prayed that the bail application be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, particularly the fact that the applicant has been in judicial custody since 4 13.04.2026, the investigation has been completed and the charge- sheet has already been filed, coupled with the fact that the co-accused has already been enlarged on bail by this Court and the trial is likely to take considerable time to conclude, this Court is of the considered opinion that further pre-trial detention of the applicant is not warranted. Without expressing any opinion on the merits of the case, this Court is inclined to allow the present bail application. 7. Accordingly, the bail application is allowed. Let the Applicant – Rahul Sonwani involved in Crime No. 238/2026 registered at Police Chowki Basdei, Police Station Surajpur, District Surajpur (Chhattisgarh), for the offences punishable under Sections 305(A), 331(4), 111 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 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. 5 (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. 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