1 CGHC010225472026 2026:CGHC:36646 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5558 of 2026 1 - Amarbabu @ Kundanwani S/o Suraj Kumar Wani Aged About 26 Years R/o Risda, P.S. Masturi, District- Bilaspur Chhattisgarh 2 - Raj Aryan @ Chhotu Wani S/o Baban Wani Aged About 20 Years R/o Risda, P.S. Masturi, District- Bilaspur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House O4cer, Police Station Simga, District- Balodabazar - Bhatapara (C.G.) ... Non-Applicant(s) For Applicants : 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 applicants who have 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. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. The prosecution case, in brief, is that the complainant lodged a report before the concerned police station stating that, on the date of the incident, unknown persons entered the plant and committed theft of parts of a copper transformer, copper coils, copper plates and transformer oil, having a total value of Rs. 24,74,150/- from the said water <lter plant. Based upon the complaint lodged by the complainant, the police registered a case against unknown persons. During the course of investigation, the police arrested the present applicants on the basis of their memorandum statements. 3. Learned counsel for the applicants submit that the applicants are innocent and have been falsely implicated in the present case. It is submitted that no stolen article has been seized from their possession and the alleged articles were recovered from a Kabadi shop, while the Chhota Hathi vehicle seized by the police does not belong to the applicants. It is further submitted that their implication is based merely on suspicion and memorandum statements and that the mandatory provisions of Sections 105 and 185 of the B.N.S.S. have not been complied with. Learned counsel further submits that there is no su4cient material to connect the applicants with the alleged o?ences. It is also submitted that the applicants have four criminal antecedents of similar nature, which are pending. Lastly, it is submitted that co- accused Virendra Suman, in the same crime, has already been granted bail by this Court in M.Cr.C. No. 6750/2026 vide order dated 27.07.2026; hence, the applicants also deserve bail on the ground of parity. 4. On the other hand, learned State counsel opposes the prayer for 3 grant of bail and submits that the applicants have criminal antecedents of similar nature. However, learned State counsel could not dispute the fact that co-accused Virendra Suman, in the same crime, has already been granted bail by this Court in M.Cr.C. No. 6750/2026 vide order dated 27.07.2026. So far as the criminal antecedents are concerned, applicant No.1 has six criminal antecedents of similar nature, vide Crime Nos. 333/2024, 17/2024, 16/2024, 12/2024, 651/2023 and 4/2024, whereas applicant No.2 has <ve criminal antecedents of similar nature, vide Crime Nos. 16/2024, 17/2024, 12/2024, 651/2023 and 4/2024. It is further submitted that a cutter and wires have been recovered from the applicants. Accordingly, they are 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 o?ence, period of detention of the applicants since 13.04.2026 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 applicants and recovery made from them and also considering the fact that co-accused Virendra Suman, in the same crime, has already been granted bail by this Court in M.Cr.C. No. 6750/2026 vide order dated 27.07.2026 and the trial is likely to take some time for its conclusion, therefore, without further commenting anything on merits, I am inclined to grant bail to the applicant 7. Accordingly, the bail application is allowed. 4 8. Let applicants – Amarbabu @ Kundanwani and Raj Aryan @ Chhotu Wani, 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) and 305(a) of BNS, be released on bail on their furnishing a personal bond with two sureties each, in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall <le an undertaking to the e?ect that they 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 applicants shall remain present before the trial court on each date <xed, either personally or through their counsel. In case of their absence, without su4cient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date <xed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 5 (iv) The applicants 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 applicants are deliberated or without su4cient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 9. O4ce is directed to send a certi<ed copy of this order to the trial Court for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal