1 CGHC010265522026 2026:CGHC:37107 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7713 of 2026 Shubham Jaiswal Son Of Shekhar Jaiswal, Aged About 23 Years Resident Of Bazarpara, Police Station-Bhatgaon, District- Surajpur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Station House O2cer, Police Station- Bhatgaon, District- Surajpur (C.G.) ... Non-applicant(s) For Applicant : Mr. Manish Mishra, Advocate For Non-applicant/State : Mr. Soumya Rai, Deputy. Govt. Adv. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.08.2026 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. 144/2025, registered at Police Station – Bhatgaon, District – Surajpur (C.G.) for the o<ences punishable under Sections 305(A), 331(4), 317(2), 112 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that on the complaint made by Rajesh Kumar, Security In-charge, SECL Bhatgaon Colliery, a First Information Report was registered against accused persons KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 namely Fukli @ Shahzad, Munai Rajwade, Rajan Yadav, Shubham and two other persons. During the course of investigation, the memorandum statements of accused persons namely Sonu Rajwade @ Munai, Rajan Yadav, Shubham Jaiswal/applicant, Sonu @ Hathgen, Rajesh Soni, Shahzad @ Fukli and Sanjeet Singh @ Lambu were recorded, pursuant to which certain articles including iron sabbal, two old scrap articles, one iron gear, iron PT boxes, three bearings and electronic copper wire were seized. Thereafter, the accused persons were arrested and, upon completion of investigation, charge-sheet has been Cled before the competent Court for the aforesaid o<ences. It is further alleged that the applicant, along with other co-accused persons, committed theft of property kept inside the SECL Workshop, Bhatgaon Colliery, including Cve PT Boxes valued at approximately Rs.2,00,000/-, six bearings of SDL machine valued at approximately Rs.1,20,000/-, about 20 metres of electric copper cable valued at approximately Rs.30,000/- and one gear box of LDL valued at approximately Rs.1,50,000/-, total valued at approximately Rs.5,00,000/-, and dishonestly took away the said articles from the premises of SECL Bhatgaon Colliery. On completion of investigation, the prosecution has Cled the charge-sheet against the applicant and other accused persons for the aforesaid o<ences. 3. 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 not committed theft of any property belonging to SECL Bhatgaon Colliery and he has been 3 arrested merely on the basis of suspicion. It is further submitted that the the investigation has already been completed and charge-sheet has been Cled before the competent Court. Learned counsel further submits that on similar allegations, the co-accused persons have already been granted bail by this Court in M.Cr.C. Nos. 1200/2026, 3479/2026, 3358/2026, 3468/2026 and 4351/2026. In particular, co-accused Shahzad @ Fukali has been granted bail by this Court in M.Cr.C. No.3468/2026 vide order dated 20.04.2026 and co- accused Sonu Rajwade @ Munai has also been granted bail by this Court in M.Cr.C. No.3358/2026 vide order dated 20.04.2026. It is, therefore, submitted that the case of the present applicant is similar to that of the aforesaid co-accused persons and therefore, the applicant is entitled to be released on bail on the ground of parity. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the allegations against the applicant are serious in nature and that the applicant, along with other co- accused persons, is alleged to have committed theft of SECL property worth approximately Rs.5,00,000/-. It is further submitted that the applicant has three criminal antecedents registered against him under the provisions of the Indian Penal Code pertaining to the years 2022, 2023 and 2025, which reFects his involvement in criminal activities. However, he could not dispute the fact that the co-accused persons, including Shahzad @ Fukali and Sonu Rajwade @ Munai, have already been granted bail by this Court in the aforesaid cases. 5. I have heard learned counsel for the parties and perused the case- 4 diary and the documents annexed therewith. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of the allegations levelled against the applicant, the fact that the applicant is alleged to have committed theft of SECL property along with other co-accused persons, the fact that the alleged stolen property has been seized during the course of investigation and the investigation has already been completed and charge-sheet has been Cled before the competent Court and also considering the criminal antecedents of the applicants, further considering the fact that the co-accused Shahzad @ Fukali has been granted bail by this Court in M.Cr.C. No.3468/2026 vide order dated 20.04.2026 and co-accused Sonu Rajwade @ Munai has also been granted bail by this Court in M.Cr.C. No.3358/2026 vide order dated 20.04.2026 and the case of the present applicant is similar to that of the aforesaid co-accused persons, I am of the considered view that the applicant is entitled to be released on bail on the ground of parity. 7. Accordingly, the application is allowed. 8. Let applicant, Shubham Jaiswal, involved in Crime No. 144/2025, registered at Police Station – Bhatgaon, District – Surajpur (C.G.) for the o<ences punishable under Sections 305(A), 331(4), 317(2), 112 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 Cle an undertaking to the e<ect that 5 he shall not seek any adjournment on the dates Cxed 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 Cxed, either personally or through his counsel. In case of his absence, without su2cient 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 Cxed 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 Cxed 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 su2cient 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. 9. O2ce is directed to send a certiCed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal