1 2026:CGHC:4738 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 943 of 2026 Anup Samant @ Sanjay S/o Banshilal Samant Aged About 52 Years R/o- Ward No. 05, Shanti Nagar, Near Station, Nagpur (M.H) ... Applicant versus State Of Chhattisgarh Through By Collector Through SHO Police Station Bori, District – Durg (C.G.) ---- Non-applicant For Applicant : Mr. Avinash Chand Sahu, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 17/2025, registered at Police Station – Bori, District – Durg (C.G.) for the offence punishable under Sections 309(4), 317(4) and 317(5) of the BNS. 2. The case of the prosecution, is that That, as per the prosecution story in brief is that a complaint was filed at Police Station Bori in District Durg, Chhattisgarh, alleging that he sells gold and silver jewelry by going from village to village by hawking, on the date of incident also he had gone to village Ruha at 07.00 am for hawking with his nephew Rahul Soni, while returning, under a banyan tree on the rural unpaved RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 road of village Tekapar Khilora, 3 unknown accused sprinkled chilli powder in the eyes of the complainant nephew Rahul Soni, who was riding a motorcycle, and took away the black colored rag bag containing gold and silver jewelry kept with the complainant, and ornaments of old and silver total weight of silver jewellery about 3 kg and gold jewellery weighing about 2 Tola were looted. on the report of the complainant, an FIR was registered against an unknown accused in the Bori police station under Section 309(4) of the BNS Act and the incident was taken up for investigation and during the investigation, other accused in the case, namely, Akash Shravan, Ganesh Dhankar alias Chindu and Kapil Sahu were interrogated and a memorandum statement was recorded and seizure proceedings were carried out. Out of the gold and silver jewelry looted by them, accused Raja Sahu sold about 3 kg of silver jewelry and 2 tola of various types of gold jewelry to the present applicant knowing the said jewelry to be stolen property, he purchased it for Rs. 1,80,000/-and melted the said jewelry and made small ornaments out of them since the sale was made to unknown persons without a valid bill slip and he was found to be involved in the crime, offence under Section 317(4), (5) BNS was added in the case and the present applicant was arrested. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the applicant is said to have purchased some stolen articles which were sold by the co-accused person, and they have been granted bail by trial Court. It is further submitted that the 3 charge-sheet has been filed in this case. The applicant is in jail since 08.01.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case, and the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no criminal antecedents registered against the present applicant, further the fact that the applicant is said to have purchased some stolen articles which were sold by the co-accused person, and they have been granted bail by trial Court, charge-sheet has been filed against the applicant, the applicant is in jail since 08.01.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Anup Samant @ Sanjay, involved in Crime No. 17/2025, registered at Police Station – Bori, District – Durg (C.G.) for the offence punishable under Sections 309(4), 317(4) and 317(5) of the BNS, be released on bail on his furnishing a personal bond with two local 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 4 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. 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 Rajshekhar