1 CGHC010290942026 2026:CGHC:36644 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6933 of 2026 Santosh Kumar Bhaskar S/o Kamal Prasad Aged About 38 Years Caste Satnami, R/o 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 Shivrinarayan, District Janjgir-Champa Chhattisgarh ... 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. 21/2026 registered at Police Station- Shivrinarayan, District- Janjgir-Champa (C.G.) for the o>ence punishable under Sections 303(2), 61(2), 111 and 3(5) of BNS. 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 plant and committed theft of copper wire valued at Rs.17,000/- from the transformer situated at Durpa Shanti Nagar, as mentioned in the FIR. On the basis of the complaint lodged by the complainant, the police registered the o>ence under Sections 303(2), 61(2), 111 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 his 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 article has been 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 is not owned by the applicant and the concerned Police Station has also not complied with the provisions of Sections 105 and 185 of the Bharatiya Nagarik Suraksha Sanhita, 2023 relating to search and seizure. 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 there is no su5cient material available on record to establish the involvement of the applicant and the essential ingredients of the o>ences punishable under Sections 303(2), 61(2), 111 and 3(5) of 3 the B.N.S. are not prima facie made out against him. It is also submitted that the prosecution has not collected su5cient material regarding the alleged theft of the subject article. She also submits that in the same crime number, co-accused namely Virendra Suman has already been granted bail by this Court in MCRC No.3760/2026 vide order dated 06.07.2026 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, learned State counsel could not dispute the fact that co-accused Virendra Suman has already been granted bail by this Court in MCRC No.3760/2026 vide order dated 06.07.2026. He submits that the applicant has two criminal antecedents as disclosed in the bail application, as such, he is not entitled for grant of 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 o>ence, period of detention of the applicant since 05.02.2026 and 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 as disclosed in part-D of the bail application and also considering the fact that the co-accused namely Virendra Suman has already been granted bail by this Court in MCRC No.3760/2026 vide order dated 06.07.2026, this Court is of the considered view that the applicant deserves to be enlarged on bail. 4 7. 4 7. Accordingly the bail application of the applicant is allowed. 8. Let the Applicant – Santosh Kumar Bhaskar, involved in Crime No. 21/2026 registered at Police Station- Shivrinarayan, District- Janjgir-Champa (C.G.) for the o>ence punishable under Sections 303(2), 61(2), 111 and 3(5) of 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 =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