1 CGHC010339842026 2026:CGHC:38878 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.8192 of 2026 Mohammad Araslan S/o. Mohammad Zabbir Khan, Aged About 19 Years R/o. - Sarthinagar, Patthalgaon, Police Station - Patthalgaon, And District - Jashpur (C.G.) ... Applicant versus State Of Chhattisgarh Through S.H.O. Of The Police Station - Dharamjaigarh, Tahsil And District - Raigarh (C.G.) ... Non-applicant _____________________________________________________ For Applicant :Mr. Abhishek Saraf, Advocate. For Non-applicant/State :Ms. Sameeksha Gupta, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.09.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.09.02 17:36:26 +0530 2 connection with Crime No.63/2026 registered at Police Station – Dharamjaigarh, Tahsil and District Raigarh (C.G.), for the offences under Sections 331(4), 305(e) and 3(5) of BNS. 2. As per the prosecution story, on 16.03.2026 at about 7:27 p.m., Pranav Thawait, Branch Manager of Chhattisgarh Gramin Bank, Khamhar Branch, lodged a written complaint at Police Station Dharamjaigarh stating that on 15.03.2026 at about 6:00 a.m., he was informed by the branch messenger that unknown person(s) had committed theft in the bank branch. Upon inspection, it was found that unknown person(s) had broken open the shutter and grill locks of the branch and entered the premises, from where MODEM/ROUTER, CISCO SWITCH, three CCTV DVR channels, two gate locks, shutter gate lock, shutter chain and branch seal, collectively valued at approximately Rs.65,000/-, were stolen. It was further found that the FRFC cabin cash, vault channel gate, shutter gate alarm system, panic switch, magnetic sensor, Branch Manager's table, cash counter table, three almirahs and three multipurpose tables had been damaged. Accordingly, the offences as mentioned above were registered against the Applicant. Hence this application. 3. Learned Counsel for the Applicant submits that the Applicant 3 is innocent and has been falsely implicated in the present case. He submits that pursuant to the memorandum of the Applicant, five old locks and an iron chain have been seized, which are ordinary articles and not identifiable as belonging to the bank. It is further submitted that in Crime No.52/2026 registered at Police Station Gharghoda, District Raigarh, arising out of the same memorandum, the Applicant has already been granted regular bail by this Court vide order dated 29.07.2026 passed in M.Cr.C. No.5586/2026. He further submits that there is no direct evidence connecting the Applicant with the alleged offence and the seized articles cannot be exclusively attributed to him. He also submits that the Applicant is in custody since 29.03.2026, the charge- sheet has been filed, the case is triable by the Court of Judicial Magistrate First Class and the trial is likely to take considerable time, therefore, he may be released on bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that four broken locks and one iron chain, allegedly used in connection with the commission of the offence, have been seized at the instance of the Applicant. 5. I have heard learned counsel for the parties and perused the case diary. 4 6. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the nature of allegations, the fact that the Applicant is in custody since 29.03.2026, the case is triable by the Court of Judicial Magistrate First Class, the Applicant has already been granted bail in another crime arising out of the same memorandum, i.e. Crime No.52/2026 registered at Police Station Gharghoda, District Raigarh, vide order dated 29.07.2026 passed by this Court in M.Cr.C. No.5586/2026, the trial is likely to take considerable time and without further commenting anything upon the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. 7. Let Applicant- Mohammad Araslan involved in Crime No.63/2026 registered at Police Station – Dharamjaigarh, Tahsil and District Raigarh (C.G.), for the offences under Sections 331(4), 305(e) 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 file an undertaking to the effect that he/she 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 5 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/her counsel. In case of his/her absence, without sufficient cause, the trial court may proceed against him/her 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/her 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/her, 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/her in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Priya