1 CGHC010314932026 2026:CGHC:36604 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7607 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 versus State of Chhattisgarh Through Station House O3cer, P.S.- Koni, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Rahul Singh, Advocate. For Respondent(s) : Mr. S.S. Baghel, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.08.2026 1. This is the 7rst bail application 7led 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. 119/2026 registered at Police Station - Koni, District - Bilaspur (C.G.) for the o>ence punishable under Sections 303(2) and 3(5) of BNS. 2. Case of the prosecution, in brief, is that on 28.03.2026 at about 9:30 A.M., the complainant, Vishal Saluja, lodged a written report at Police Station Koni stating that the driver of the vehicle bearing registration No. CG10BS9548, namely Vikas Yadav, informed the complainant over the phone that, due to a mechanical failure, he had parked the vehicle in ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.08.18 16:11:02 +0530 2 front of Jai Tata Motors, Sendri, and had gone to sleep in the vehicle at about 02:00 A.M. On 28.03.2026, at about 03:15 A.M., the driver woke up and found that the diesel tank cap had been opened and approximately 270 litres of diesel had been stolen by unknown persons. On the basis of the said report, the police registered the o>ence and commenced the investigation. During the course of investigation, the statements of the prosecution witnesses were recorded and the spot inspection was carried out. During the course of the search for the absconding accused persons, information was received that, in connection with Crime No. 368/2026 registered at Police Station Sirgitti, the accused persons, namely Amit Kumar Bhardwaj, Sanjay Kumar Kurre and Manishankar Kurre, were interrogated and, in their memorandum statements, they admitted their guilt. On the basis of the said memorandum statements, the present accused was arrested in connection with the instant crime. 3. Learned counsel for the applicant submits that the applicant has not committed the alleged o>ence and has been falsely implicated in the o>ence in question. He further submits that the applicant is su>ering from serious medical conditions and has been under continuous medical treatment. The applicant had visited Anand Memorial Clinic, Balauda, District Janjgir-Champa, for treatment of sciatica and was subsequently discharged with prescribed medication. He further 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 04.08.2026 passed in MCRC No. 7075 of 2026. The applicant is in custody since 27.05.2026. The applicant has 7ve criminal antecedents pertaining to the years 2026, 3 2024, 2021 and 2019 under the BNS. Out of the said cases, in Crime No. 368/2026, the applicant has preferred a bail application bearing MCRC No. 7569/2026, which is listed at Serial No. 15. He further submits that the charge-sheet has been 7led 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 7led in the present case. He further submits that the applicant in collusion with co-accused, participated in stealing 270 litres of diesel from a parked vehicle and was involved in the subsequent disposal of the stolen diesel. Further, the applicant has 7ve 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 o>ence, 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 270 litres of diesel from a vehicle 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 04.08.2026 passed in MCRC No. 7075 of 2026 and the case of present applicant is identical to that of the said co-accused, so far as criminal antecedents of the applicant are concerned, the applicant has 7ve criminal antecedents of the year 2026, 2024, 2021 and 2019 under the BNS, out of which, against case Crime No. 368/2026, the applicant has preferred a bail application bearing MCRC No. 7569/2026, which is 4 listed at Serial No. 15 and the same is allowed today itself by this Court, the charge-sheet has been 7led, 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. 119/2026 registered at Police Station - Koni, District - Bilaspur (C.G.) for the o>ence punishable under Sections 303(2) and 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 7le an undertaking to the e>ect that he shall not seek any adjournment on the dates 7xed 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 7xed, either personally or through his counsel. In case of his absence, without su3cient 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 7xed 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 7xed 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 5 absence of the applicant is deliberate or without su3cient 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. O3ce is directed to send a certi7ed copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek