1 CGHC010219292026 2026:CGHC:36642 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5205 of 2026 Santosh Kumar Bhaskar S/o Kamal Prasad Aged About 38 Years Caste Satnami, Resident Of Kauhrauda, P.S. Masturi, District Bilaspur Chhattisgarh (Detail Of The Applicant Has Not Mentioned In Annexure A- 1) ... Applicant(s) versus State Of Chhattisgarh Through- Station House O5cer, Police Station Simga, District Balodabazar-Bhatapara (C.G.) ... Non-applicant(s) For Applicant : Ms. Seema Singh, Advocate. For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.08.2026 1. This is the =rst bail application =led 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. 18/2026 registered at Police Station- Simga, District- Balodabazar- Bhatapara (C.G.) for the o>ence punishable under Sections 331(4), 305(a) of BNS 2023. 2. The case of the prosecution, in brief, is that the complainant lodged a report before the concerned Police Station stating that on the date KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 of incident, unknown persons entered into the water =lter plant and committed theft of parts of Copper Transformer, Quail, Copper Plate and Transformer Oil, having total valuation of Rs.24,74,150/-. On the basis of the complaint lodged by the complainant, the police registered the o>ence under Sections 331(4), 305(1), 62(2), 111(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 against unknown persons. During the course of investigation, the police arrested the present applicant on the basis of the memorandum statement. 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 any of the o>ences as alleged by the prosecution. It is submitted that no stolen article has been seized from the possession of the applicant and the alleged articles were seized from a Kawadi Shop. It is further submitted that, as per the seizure memo, a Chhota Hathi vehicle has been seized from the possession of the applicant, whereas the said vehicle does not belong to the applicant and the mandatory provisions relating to search and seizure have also not been complied with. She further submits that the applicant has neither committed the alleged theft nor any other o>ence as alleged by the prosecution and has been implicated merely on the basis of suspicion and the memorandum statement. It is submitted that no su5cient material is available on record to establish the involvement of the applicant in the alleged o>ence and the essential ingredients of the o>ences punishable under Sections 331(4), 305(1), 62(2), 111(4) and 3(5) of the B.N.S. are not prima facie made out against him. Learned counsel also 3 submits that in the same crime, co-accused namely Virendra Suman has already been granted bail by this Court in MCRC No.6750/2026 vide order dated 27.07.2026 and therefore, the applicant also deserves to be extended the bene=t of parity. 4. On the other hand, learned State counsel opposes the prayer for grant of bail. However, he could not dispute the fact that co-accused Virendra Suman has already been granted bail by this Court in MCRC No.6750/2026 vide order dated 27.07.2026. He further submits that the applicant has two previous criminal antecedents of similar nature, which are pending against him, as disclosed in the bail application and therefore, considering the nature of allegations and the criminal antecedents of the applicant, he is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary and other material available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of the o>ence, the period of detention of the applicant since 13.04.2026, the fact that in the present case the charge-sheet has been =led before the competent Court and further the applicant has two previous criminal antecedents of similar nature are pending against the applicant, coupled with the fact that co-accused Virendra Suman has already been granted bail by this Court in MCRC No.6750/2026 vide order dated 27.07.2026, this Court is of the considered view that the applicant deserves to be enlarged on bail. 4 7. Accordingly the bail application of the applicant is allowed. 8. Let the Applicant – Santosh Kumar Bhaskar, involved in Crime No. 18/2026 registered at Police Station- Simga, District- Balodabazar-Bhatapara (C.G.) for the o>ence punishable under Sections 331(4), 305(a) of BNS 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 =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 su5cient 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 =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. 5 (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 su5cient 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. O5ce is directed to send a certi=ed copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- S(Ramesh Sinha) Chief Justice Kunal