1 CGHC010314862026 2026:CGHC:36566 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7569 of 2026 Amit Kumar Bhardwaj S/o Harprasad Bharadwaj, Aged About 29 Years R/o- Village - Bagdabari, P. S. - Balauda Tahsil - Balauda, District - Janjgir- Champa (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P. S. - Sirgitti, District - Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Rahul Singh, Advocate. For Respondent(s) : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/08/2026 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. 368/2026 registered at Police Station Sirgitti, District - Bilaspur (C.G.) for the offence punishable under Sections 303(2), 111, 309(4), 3(5) of BNS and Sections 25 and 27 of AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 the Arms Act. 2. Case of the prosecution, in brief, is that during the intervening night of 19.05.2026, the accused persons allegedly broke open the diesel tank of truck No. CG-10-R-1066 parked in front of Beverage Corporation, Sirgitti, and stole about 294 litres of diesel worth Rs. 28,529/-. During the incident, when the truck driver Mahavir Soni woke up, accused Sanjay Kurre and Shubham Kurre allegedly threatened him by placing a knife on his neck and confined him in the cabin. During investigation, the applicant, Amit Kumar Bhardwaj and other co-accused were arrested, and their memorandum statements were recorded, wherein they disclosed that the stolen diesel was sold to Ayush Shukla. 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 petitioner is suffering from serious medical conditions and has been under continuous medical treatment, having been admitted to R.B. Institute of Medical Sciences, Bilaspur and thereafter continuing treatment under medical supervision, as reflected from the medical records dated 12.05.2026. He also submits that the learned trial Court failed to appreciate that the seized diesel was not recovered from the possession of the applicant. Moreover, one of the identically situated co-accused, namely, Manishankar Kurre has already been granted bail by this court vide order dated 12.08.2026 in MCRC No.7425 of 2026. The applicant is in jail since 27.05.2026, the applicant has five 3 criminal antecedents of the year 2026, 2024, 2021 and 2019 under the BNS, out of which, against case Crime No.119/2026, the applicant preferred bail application bearing MCRC No.7607/2026, which is listed at serial No.40, further the 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 in collusion with co-accused, participated in stealing 294 litres of diesel from a parked truck and was involved in the subsequent disposal of the stolen diesel. Further, the applicant has five criminal antecedents of the year 2026, 2024, 2021 and 2019 under the BNS, 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 27.05.2026, the fact that though the allegations against the applicant is that he in collusion with co-accused, participated in stealing 294 litres of diesel from a parked truck and was involved in the subsequent disposal of the stolen diesel, but considering the fact that co-accused, namely, Manishankar Kurre has already been granted bail by this court vide order dated 12.08.2026 in MCRC No.7425 of 2026 and the case of present applicant is identical to 4 that of the said co-accused, so far as criminal antecedents of the applicant are concerned, the applicant has five criminal antecedents of the year 2026, 2024, 2021 and 2019 under the BNS, out of which, against case Crime No.119/2026, the applicant preferred bail application bearing MCRC No.7607/2026, which is also listed at serial No.40 and the same is allowed today itself by this Court, 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-Amit Kumar Bhardwaj, involved in Crime No. 368/2026 registered at Police Station Sirgitti, District - Bilaspur (C.G.) for the offence punishable under Sections 303(2), 111, 309(4), 3(5) of BNS and Sections 25 and 27 of the Arms Act, 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. (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. 5 (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