1 CGHC010310242026 2026:CGHC:36572 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7477 of 2026 Abhishek Miri S/o Shri Anil Miri Aged About 20 Years R/o Village Baigin, Bandhan Mochipara, Champa, P.S. Champa, Teh. Champa Distt- Janjgir- Champa (C.G.) ... Applicant versus State of Chhattisgarh Through Station House O-cer, P.S. Champa District- Janjgir- Champa (C.G.) ... Non-applicant For Applicant : Mr. Vivek Kumar Shrivastava, Advocate For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.08.2026 1. This is the 5rst bail application 5led 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. 109/2026 registered at Police Station- Champa, District - Janjgir-Champa, (C.G.) for the o>ence punishable under Sections 305(a), 331(4), 112(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that the complainant appeared at Police Station Champa on 14.03.2026 and lodged a report stating that, between 6:00 p.m. on 09.03.2026 and 5:00 p.m. on RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 10.03.2026, unknown persons broke open the latch of the door of his house and committed theft of bronze utensils, an LED television and other articles kept therein. On the basis of the said report, the police registered an FIR and took up the matter for investigation. During investigation, a spot map was prepared and the statements of the witnesses were recorded. Thereafter, on 05.05.2026, the police received information from an informant that certain persons were moving around with the intention of selling stolen articles, including an LED television. Acting upon the said information, the police reached Bhojpur Railway Crossing along with their sta>, surrounded the suspects and apprehended three persons, namely, Yash Miri, Abhishek Miri and Ashish Dhivar. During interrogation, they disclosed their involvement in several thefts and their separate memorandum statements were recorded. They admitted having committed theft at Government Middle School, Bhojpur, during the intervening night of 19.02.2026 and 20.02.2026, theft from the vacant house of complainant Jai Kumar Kumhar situated at Beldar Para, Champa, during the intervening night of 09.03.2026 and 10.03.2026, and another theft at Government Middle School Cluster Centre, Bhojpur, on 26.09.2025. Pursuant to their disclosure statements, the stolen articles, including an LED television and bronze utensils, were recovered and seized in accordance with separate seizure memos in the presence of witnesses. The aforesaid accused persons were arrested on 05.05.2026. Subsequently, absconding co-accused Kunal Miri was also arrested and, in his memorandum statement, admitted having 3 committed the thefts along with the other co-accused persons and produced two stolen bronze bowls (batkis) from his house, which were seized by the police on 27.05.2026. Upon completion of the investigation, the charge-sheet has been 5led against all the accused persons before the Court of Judicial Magistrate First Class, Champa. Hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant is a young boy aged about 20 years and, except for his alleged memorandum statement and the purported recovery, there is no other substantial material connecting him with the commission of the o>ence in question. It is also submitted that the applicant has two criminal antecedents, namely, Crime No. 71/2026 registered at Police Station Champa for o>ences punishable under Sections 331(4), 305(a), 112(2) and 3(5) of the BNS, and Crime No. 460/2025 registered at Police Station Champa for o>ences punishable under Sections 341(4), 305(a), 112(2) and 3(5) of the BNS, in which the trials are still pending. He further submits that similarly situated co-accused namely, Yash Miri and Kunal Miri, in Crime No. 71/2026 have already been granted bail by this Hon’ble Court vide order dated 27.07.2026 passed in MCRC No. 6283/2026. He also submits that the applicant is in jail since 05.05.2026, the charge-sheet has been 5led before the competent Court and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4 4. On the other hand, learned counsel for the State opposes the bail application of the applicant and submits that the charge-sheet has been 5led before the competent Court. He also submits that the applicant along with the co-accused persons, committed theft by breaking open the lock of the complainant’s house and was subsequently found in possession of the stolen articles. He also submits that the applicant has two criminal antecedents, namely, Crime No. 71/2026 registered at Police Station Champa for o>ences punishable under Sections 331(4), 305(a), 112(2) and 3(5) of the BNS, and Crime No. 460/2025 registered at Police Station Champa for o>ences punishable under Sections 341(4), 305(a), 112(2) and 3(5) of the BNS, in which the trials are still pending. He fairly submits that the similarly situated co-accused namely, Yash Miri and Kunal Miri, in Crime No. 71/2026 have already been granted bail by this Hon’ble Court vide order dated 27.07.2026 passed in MCRC No. 6283/2026. Considering the nature and gravity of the allegations and the role attributed to the applicant, it is prayed that the bail application be rejected. 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 allegation levelled against the applicant and the fact that though the allegation against the applicant is that he, along with the co-accused persons, committed theft by breaking open the lock of the complainant’s house and was subsequently 5 found in possession of the stolen articles and the applicant has two criminal antecedents, namely, Crime No. 71/2026 registered at Police Station Champa for o>ences punishable under Sections 331(4), 305(a), 112(2) and 3(5) of the BNS, and Crime No. 460/2025 registered at Police Station Champa for o>ences punishable under Sections 341(4), 305(a), 112(2) and 3(5) of the BNS, in which the trials are still pending, but also considering the fact that the similarly situated co-accused namely, Yash Miri and Kunal Miri, in Crime No. 71/2026 have already been granted bail by this Court vide order dated 27.07.2026 passed in MCRC No. 6283/2026, and further the fact that the charge-sheet has already been 5led, he is in jail since 05.05.2026, and the conclusion of the trial will take some more time, therefore, without expressing any opinion on the merits of the case, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Abhishek Miri, involved in Crime No. 109/2026 registered at Police Station- Champa, District - Janjgir-Champa, (C.G.) for the o>ence punishable under Sections 305(a), 331(4), 112(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall 5le an undertaking to the e>ect that he shall not seek any adjournment on the dates 6 5xed 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 5xed, either personally or through his counsel. In case of his absence, without su-cient 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 5xed 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 5xed 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 su-cient 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. 8. O-ce is directed to provide a certi5ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan