1 CGHC010328812026 2026:CGHC:38334 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7966 of 2026 Durgesh Nishad S/o Ashok Nishad Aged About 23 Years R/o, Lalkhadan Kenwatpara, P.S. Torwa, District Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through The Police Station Sirgitti District Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Vikas Patel, Advocate For Non-Applicant/State : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.08.2026 1. This is the first bail application filed 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. 276/2025 registered at Police Station- Sirgitti, District - Bilaspur, (C.G.) for the offence punishable under Sections 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant lodged a written report stating that on 20.05.2025, he had gone to Devrikhurd on his motorcycle bearing registration No. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 CG-10/BN/1522 to meet his friends. While returning home at night, he felt sleepy and, therefore, parked his motorcycle and fell asleep under the Chuhchuhiyapara Overbridge near a vegetable shop. It is further alleged that when he woke up the following morning, he found that his motorcycle was missing. On the basis of the said report, the police registered the First Information Report (FIR) and commenced investigation. During the course of investigation, the present applicant was arrested for his alleged involvement in the commission of the offence. Upon completion of the investigation, the police filed the charge-sheet before the learned competent Court, and the applicant is presently in judicial custody. 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 submitted that even if the allegations contained in the prosecution case are taken at their face value, there is no direct or specific material to establish the applicant’s involvement in the alleged theft of motorcycle bearing registration No. CG-10/BN/1522. He further submits that there is no eyewitness to the alleged incident, as the complainant himself had stated that he parked his motorcycle under the Chuhchuhiyapara Overbridge and went to sleep, and came to know about its alleged theft only on the following morning, thus, the identity of the person who allegedly committed the theft is not established from the complaint itself. It is further submitted that the applicant has been arrested on the basis of the investigation conducted by the police and there is no direct or independent 3 evidence connecting him with the alleged offence. He also submits that the alleged criminal antecedent of the applicant arises from a memorandum recorded in the present case, pursuant to which a separate FIR was registered in respect of another allegedly stolen scooty, however, the said scooty has not been recovered and, therefore, such FIR ought not to be treated as an independent criminal antecedent for the purpose of considering the applicant’s prayer for bail. It is further submitted that the applicant has three criminal antecedent under the IPC, out of which only one case is pending. He further submits that the charge-sheet has been filed before the competent Court, he is in jail since 30.06.2026 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 submitted before the competent Court. He further submits that the allegation against the applicant is of theft of motorcycle bearing registration No. CG-10/BN/1522, which was found missing from the place where the complainant had parked it while he was asleep. It is further submitted that the applicant has been arrested during the course of investigation on the basis of the material collected by the police connecting him with the alleged offence, and the absence of an eyewitness, in the facts of the present case, cannot by itself be a ground for granting bail. He further submits that the applicant has three criminal antecedent under the IPC, and his conduct is therefore required to be taken into consideration. It is also submitted 4 that the contentions regarding the memorandum and the non- recovery of the other vehicle are matters relating to appreciation of evidence and cannot be conclusively adjudicated at the stage of bail. Hence, he prays for rejection of the bail application. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions made by learned counsel for the parties and the material available on record, though the allegation against the applicant is that he was involved in the theft of motorcycle bearing registration No. CG-10/BN/1522, which had been parked by the complainant under the Chuhchuhiyapara Overbridge while he was asleep, but also considering the fact that there is no eyewitness to the alleged theft, the applicant is languishing in jail since 30.06.2026, the applicant has three criminal antecedent under the IPC, out of which only one case is pending, which has been explained by learned counsel for the applicant, and the charge- sheet has been submitted before the competent Court and the conclusion of the trial may take some more time, 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 - Durgesh Nishad, involved in Crime No. 276/2025 registered at Police Station- Sirgitti, District - Bilaspur, (C.G.) for the 5 offence punishable under Sections 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a 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 file an undertaking to the effect that he 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 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 counsel. In case of his absence, without sufficient 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 fixed 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 fixed for (i) opening 6 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 in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan