1 CGHC010309552026 2026:CGHC:38135 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7930 of 2026 Paras Alawa @ Amliyar S/o Naru Singh Alawa Aged About 21 Years R/o Village Bhilwa, Faliya, Gadravat, Post Narvali, Police Station Tanda, District : Dhar, Madhya Pradesh ... Applicant(s) versus State Of Chhattisgarh Through- The Police Staion Bastar, District : Bastar(Jagdalpur), Chhattisgarh ... Non-applicant(s) For Applicant(s) : Mr. Abhishek Nirala, Advocate. For Non-applicant(s) : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/08/2026 1. This is the ;rst bail application ;led under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 116/2025 registered at Police Station- Bastar, District- Bastar (C.G.), for the o=ence punishable under Sections 331(4), 305(A), 3(5) of BNS, 2023. 2. Case of the prosecution, in brief, is that the complainant/informant, Indra Kumar Maheshwari, lodged a report at Police Station Bastar stating that during the intervening night of 08.11.2025 and KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 09.11.2025, when no one was present in his house, some unknown persons cut the lock and latch of the house and entered therein and committed theft of two pairs of silver anklets, one pair of gold earrings, one pair of gold ear ornaments, one gold locket, two gold mangalsutras and cash of Rs.6,000/-, total worth approximately Rs.60,000/-. Thereafter, the complainant lodged a report against unknown persons for the said theft. During investigation, the present applicant was arrested on 03.12.2025. As per the memorandum statement of the applicant, it came on record that he, along with his associates, had committed thefts at various places including Kondagaon, Charama, Dhamtari, Samoli and also at di=erent places in the State of Maharashtra. Accordingly, aforesaid o=ences were registered against the accused. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has not committed the alleged o=ence. It is submitted that nothing has been seized from the conscious possession of the applicant and his implication is based mainly on the memorandum statement, without there being any independent corroborative evidence against him. It is further submitted that the seized property has not been identi;ed by the complainant. The charge-sheet has already been ;led before the competent Court and therefore, there is no further requirement of custodial interrogation of the applicant. The applicant is in judicial custody since 03.12.2025. So far as the criminal antecedents of the applicant are concerned, he has two criminal antecedents, one under the IPC and another under the 3 BNS, and both the cases are pending, which have already been disclosed and explained in Part-D of the bail application. He further submits that co-accused namely Bhuvan Singh Alava has already been granted bail by this Court in M.Cr.C. No. 7363/2026 vide order dated 13.08.2026 and the case of the present applicant is similarly situated to that of the said co-accused therefore, on the ground of parity also, the applicant deserves to be released on bail. 4. On the other hand, learned State counsel, appearing for the State/non-applicant, opposes the bail application and submits that during investigation certain stolen articles have been seized from the joint possession of the applicant and his associates. It is further submitted that the applicant has two criminal antecedents, one under the IPC and another under the BNS, both of which are pending, though the said antecedents have been disclosed in the bail application. Learned State counsel further submits that, as per the arrest papers, the applicant is stated to be dangerous, active with his associates and a habitual o=ender and there is also a possibility of his absconding if released on bail. However, learned State counsel could not dispute the fact that co-accused Bhuvan Singh Alava has already been granted bail by this Court in M.Cr.C. No. 7363/2026 vide order dated 13.08.2026. 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, nature and gravity of o=ence levelled against the applicant and the recovery made from the joint possession of the applicant and his 4 associates and further the fact that in the present case, charge- sheet has been ;led before the competent Court and also considering the criminal antecedents of the applicant which have already been disclosed and explained in Part-D of the bail application and the co-accused namely Bhuvan Singh Alava has already been granted bail by this Court in M.Cr.C. No. 7363/2026, vide order dated 13.08.2026 and the case of the applicant is similarly situated to that of the said co-accused and he is in jail since 03.12.2025 and further the conclusion of the trial will take some more time, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the applicant – Paras Alawa @ Amliyar, involved in Crime No. 116/2025 registered at Police Station- Bastar, District- Bastar (C.G.), for the o=ence punishable under Sections 331(4), 305(A), 3(5) of BNS, 2023, 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 ;le an undertaking to the e=ect that he shall not seek any adjournment on the dates ;xed 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 ;xed, either personally or through his counsel. In case of his absence, without suEcient cause, the trial court may proceed against him under 5 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 ;xed 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 ;xed 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 suEcient 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. OEce is directed to send a certi;ed copy of this order to the trial Court for necessary information and compliance. dorthwith. - Sd/- (Ramesh Sinha) Chief Justice Kunal