1 CGHC010290002026 2026:CGHC:34202 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7132 of 2026 1 - Garib Das Bharti S/o Ramesh Bharti, Aged About 23 Years R/o Village - Rasmsagar Para Ward Raipur, District - Raipur, (C.G.) 2 - Mausam Mahilange S/o Manoj Mahilange Aged About 20 Years R/o Village - Parsabhader, P. S. And District - Balodabazar- Bhatapara (C.G.), ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Bhatapara, (Gramind) District - Balodabazar- Bharapara (C.G.) ...Non-applicant For Applicants : Mr. Basant Kaiwartya, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 05.08.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who have been arrested in connection with Crime No. 615/2025 registered at Police Station – Bhatapara, (Gramind) District - VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.07 12:27:54 +0530 2 Balodabazar- Bharapara (C.G.), for the offences punishable under Sections 305(A), 331(4) & 3(5) of the BNS. 2. Case of the prosecution in brief, is that the complainant Ajay Chakradhari lodged a report in Bhatapara (Gramid) Police Station that on 25.08.2026, due to his father's health suddenly deteriorating, the entire family had gone to Raipur for treatment after locking the house in GAD Colony and on 21.09.2025 at 08.00 am, neighbor Dinesh Dhruvcalled and told that the lock of his house was broken, then when he came home from Raipur, he saw that the latch of the front door of the house was broken, when he looked at the cupboard kept in the bedroom, it was also broken, kept in the cupboard were a pair of gold earrings weighing 10 grams, a gold necklace of 15 grams, 04 gold peas, a silver earring weighing 20 tola, 10 silver coins, one silver idol of Goddess Lakshmi, 04 silver toe rings, 02 old used silver rings worth approximately Rs. 1,50,000/- and cash amount of Rs. 35,000/- the total amount of Rs. 1,85,000/- was not there. On the report that some unknown thief broke the lock of the house and stole the gold and silver jewellery and cash kept in the cupboard, a crime was registered against unknown persons and the case was taken into investigation. During the investigation, contraband and sharp tools used in the crime were recovered from the delinquent children Prabhat Miri, son of Dilip Miri, age 14 years, 02. Anil Kurre, son of late Sanjay Kurre, age 16 years, resident of Parsabhader and a charge sheet was presented against the said delinquent children in the Juvenile Court and the absconding accused of the case, 01. Garibdas Bharti, 02. Mausam Mahilange, resident of Parsabhader were taken into custody and their memorandum statement was taken. The stolen goods were seized as 3 per the seizure memo and the accused were duly arrested on 21.06.2026. Therefore the crime has been registered and arrested the present applicant. 3. Learned Counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is further submitted that even if the entire prosecution story is accepted as it stands, the essential ingredients of the offences punishable under Sections 305(a), 331(4) and 3(5) of the B.N.S., 2023 are not made out against the applicants. Learned Counsel further submits that the applicants have been in judicial custody since 21.09.2025 and have also lodged an FIR dated 21.09.2025, registered as Crime No. 615/2025 at Police Station Bhatapara (Gramin), District Bhatapara- Baloda Bazar (C.G.), which indicates that the dispute is not one-sided. It is further submitted that the applicants are permanent residents of the address mentioned in the cause title, have immovable properties there, and there is no likelihood of their absconding or tampering with the prosecution witnesses. The applicants are ready to furnish adequate surety/security and undertake to abide by all the terms and conditions that may be imposed by this Court. On these grounds, learned Counsel prays that the applicants may kindly be enlarged on bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicants and submits that applicant No. 1 has two previous criminal antecedents, whereas applicant No. 2 has one previous criminal antecedent. It is further submitted that the charge- sheet has already been filed before the competent Court. Therefore, 4 considering the criminal antecedents of the applicants and the nature of the allegations, they are not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the offence alleged against the applicants, the period of detention, as the applicants have been in judicial custody since 21.09.2025, the fact that charge-sheet has already been filed before the competent Court, and that the conclusion of the trial is likely to take considerable time, this Court is inclined to grant regular bail to the applicants. 7. Let the Applicants – Garib Das Bharti & Mausam Mahilange involved in Crime No. 615/2025 registered at Police Station – Bhatapara, (Gramind) District - Balodabazar- Bharapara (C.G.), for the offences punishable under Sections 305(A), 331(4) & 3(5) of the BNS, be released on bail on his furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants 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 applicants 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 his under Section 269 of Bharatiya Nyaya Sanhita. 5 (iii) In case, the applicants 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 applicants 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 them in accordance with law. 8. 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 Vaibhav