1 CGHC010306612026 2026:CGHC:35657 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7429 of 2026 Md. Aahad Adwani Alias Danish Adwani S/o Md. Anish Adwani Aged About 25 Years R/o Mahadev Ward, Shitlapara, Kanker, Police Station- Kanker, District- North Bastar Kanker (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Kanker, District- North Bastar Kanker (C.G.) ... Non-Applicant For Applicant : Shri Goutam Khetrapal, Advocate. For Non-Applicant : Shri SS Baghel, GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12/08/2026 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 has been arrested in connection with Crime No.107/2026 registered at Police Station Kanker, District North Bastar, Kanker (C.G.) for the offence under Sections 303 (2) and 112 (2) of the BNS. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.13 15:32:14 +0530 2 2. The prosecution case, in brief, is that on 23.3.2026, complainant, Smt. Shehnaaz Rizvi, lodged a written report at Police Station Kanker alleging that her 14 year old son, Aaqib Musa, had been lured by co-accused persons Madni Memon, Azim Khan and Faisal Khan to steal gold and silver ornaments as well as cash from their house over a period of about two months. It is alleged that during the Eid festival, upon finding the ornaments and cash missing from the locker, the complainant questioned her son, who allegedly disclosed that the stolen ornaments had been sold to the present applicant, Mohd. Ahad Advani @ Danish Advani, while some articles had been given to other persons. On the basis of the said complaint, Crime No. 107/2026 was registered at Police Station- Kanker for offences punishable under Sections 303(2) and 112(2) of the Bharatiya Nyaya Sanhita, 2023. During investigation, the police allegedly recovered certain gold and silver ornaments from the possession of the present applicant, treating the same as stolen property, and after completion of investigation, filed the charge-sheet before the competent Court against the applicant and other co-accused persons. Hence the bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. Co-accused persons namely, Azim Khan, Faisal Khan and Madni Hussain @Madni Memon, against whom the main allegations of inducing the minor to commit theft and committing theft are 3 levelled, have already been enlarged on regular bail by the trial Court vide order dated 24.03.2026. The allegation against the present applicant is confined only to the alleged purchase of stolen property. Thus, the role attributed to the applicant is not graver than that of the co-accused who are already on bail. In the absence of any distinguishing circumstance, the applicant is entitled to the benefit of parity. Moreover, the applicant does not have any criminal antecedents and he is in jail since 28.7.2026. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicant does not have any criminal antecedents, and the charge sheet has not been submitted against the applicant. Therefore, the bail application may 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, and the fact that the charge sheet has not been submitted against the applicant, the applicant does not have any criminal antecedents, which is mentioned in the bail application, he is in jail since 28.7.2026, further considering that co-accused persons have already been released on bail by the trial Court and conclusion of trial is likely to take some time, this Court is of the 4 view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Md. 7. Let the Applicant – Md. Aahad Adwani Alias Danish Adwani, involved in Crime No.107/2026 registered at Police Station Kanker, District North Bastar, Kanker (C.G.) for the offence under Sections 303 (2) and 112 (2) of the BNS, 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 their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them 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 5 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 applicants are 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. - Sd/- (Ramesh Sinha) Chief Justice Barve