1 CGHC010283462026 2026:CGHC:38188 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6726 of 2026 Pannalal Pawar S/o Shri Sukhanlal Pawar, Aged About 35 Years R/o Paardhipara, Behind Jeevan Hotel Police Station Urla District Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station - Khamtarai, District Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pushpendra Kumar Patel, Advocate. For Respondent(s) : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/08/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 555/2026 registered at Police Station Khamtarai, District Raipur (C.G.) for the offence punishable under Sections 305, 331(4), 317(2), 3(5) of BNS. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that during the intervening night of 11.06.2026, between 03:57 A.M. and 04:04 A.M., the applicant trespassed into Kamakhya Enterprises, Metal Park, Rawabhatha, Khamtarai, by jumping over the wall and committed theft of copper rope weighing 50 kg, brass rounds weighing 75 kg and copper plates weighing 50 kg, collectively valued at approximately Rs.2,42,000/-. On the basis of the report, Police Station Khamtarai registered Crime No.555/2026 against unknown persons. The applicant was subsequently arrested and has been in judicial custody since 28.06.2026. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the seizure memo prepared by the prosecution is false and there is no identification of alleged article. The applicant is in jail since 28.06.2026, the applicant has one criminal antecedent of the year 2018 under the IPC, charge- sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant allegedly trespassed into Kamakhya Enterprises by jumping over the wall and committed theft of copper rope, brass rounds and copper plates worth approximately Rs.2,42,000/-. Furthermore, the applicant is having one criminal antecedent of the year 2018 under the IPC, 3 therefore, the applicant is not entitled for grant of bail. 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 offence, period of detention of the applicant since 28.06.2026, the fact that though the applicant allegedly trespassed into Kamakhya Enterprises by jumping over the wall and committed theft of copper rope, brass rounds and copper plates worth approximately Rs.2,42,000/-, but considering the fact that the applicant has only one criminal antecedent, which is of the year 2018 under the IPC and the said case is old and stale, the charge- sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Pannalal Pawar, involved in Crime No. 555/2026 registered at Police Station Khamtarai, District Raipur (C.G.) for the offence punishable under Sections 305, 331(4), 317(2), 3(5) of BNS, be released on bail on his furnishing a 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. 4 (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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil