1 CGHC010314032026 2026:CGHC:38448 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7457 of 2026 1 - Smt. Nileema Gaien W/o Shri Pradeep Gaien Aged About 38 Years R/o Subhashnagar Thana, Gandhinagar Tahsil- Ambikapur, Distt- Surguja (C.G.) 2 - Akash Gaien S/o Shri Pradeep Gaien Aged About 23 Years R/o Subhashnagar Thana- Gandhinagar Tahsil- Ambikapur, Distt- Surguja (C.G.) (District- Namely Wrongly Mentioned In Order) ... Applicants Versus The State Of Chhattisgarh Through - Station House Officer, Police Station - Shankargarh, Distt- Balrampur-Ramanijganj (C.G.) ... Respondent(s) _____________________________________________________ For Applicants : Mr. Sunil Sahu, Advocate. For Respondent/State : Ms. Ritika Verma, PL. HON'BLE SHRI RAMESH SINHA , CHIEF JUSTICE ORDER ON BOARD 31.08.2026 1. The Applicants have preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2026.08.31 16:34:44 +0530 2 for grant of regular bail, as they have been arrested in connection with Crime No. 1/2026 registered at Police Station – Shankargarh, District: Balrampur-Ramanujganj (C.G.), for the offence under Sections 305, 331 (3) and 3 (5) of BNS. 2. That the prosecution story, in brief, is that the complainant, Arpan Kumar Uraon, lodged a report at Police Station Shankargarh, District Balrampur-Ramanujganj, on 01.01.2026, alleging that on 31.12.2025, at about 2:00 PM, an unknown person entered his house and committed theft of gold and silver ornaments worth approximately Rs.4,00,000/-. On the basis of the said report, the police registered an offence against unknown persons. Thereafter, on 02.04.2026, co-accused Anand Panna was arrested in connection with Crime No. 90/2026, and his memorandum statement was recorded, wherein he allegedly named applicant No.2, Akash, and stated that the stolen ornaments were handed over to applicant No.2, who, in turn, handed them over to applicant No.1. It is further alleged that applicant No.1 deposited the said ornaments with Manappuram Finance and obtained a gold loan against them, and thereafter transferred the loan amount to the account of Anand Panna. On the basis of the aforesaid memorandum statement, the present applicants were arrested on 3 29.07.2026. Thereafter, the present case was registered against the Applicants. Hence, this bail application. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is submitted that there is no direct evidence connecting the applicants with the alleged theft and their implication is based solely on the memorandum statement of co-accused Anand Panna. Learned counsel further submits that no recovery of the stolen ornaments has been made from the applicants and there is no material on record to establish their involvement in the alleged offence. It is further submitted that the applicants have been arrested on 29.07.2026 and are in custody since then, and the investigation is substantially complete. There is no likelihood of the applicants absconding or tampering with the prosecution evidence. The applicants are permanent residents and undertake to abide by all the terms and conditions that may be imposed by this Hon’ble Court. On these grounds, learned counsel for the applicants submits that the applicants deserve to be enlarged on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail and submits that the allegations against the applicants are serious in nature. It is submitted that the applicants are directly connected with the stolen ornaments, 4 as co-accused Anand Panna, in his memorandum statement, disclosed that the stolen ornaments were handed over to applicant No.2, who thereafter handed them over to applicant No.1. Applicant No.1 is further alleged to have pledged the said ornaments with Manappuram Finance and obtained a gold loan, and thereafter transferred the loan amount to the account of co-accused Anand Panna. Learned State counsel further submits that the applicants were arrested on the basis of the material collected during investigation and their involvement in the alleged offence cannot be ruled out at this stage. Considering the nature of the offence, the value of the stolen property, and the material available against the applicants, learned State counsel submits that the applicants do not deserve the benefit of bail and the applications are liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature of the allegations levelled against the applicants, and the material available on record, this Court finds that the applicants are in custody since 29.07.2026. Their implication in the present case is primarily based on the memorandum 5 statement of co-accused Anand Panna. At this stage, there appears to be no direct evidence connecting the applicants with the commission of the alleged theft. Considering the nature of the allegations, the period of custody already undergone by the applicants, the stage of investigation, and the overall facts and circumstances of the case, this Court is of the considered view that the applicants deserve to be enlarged on bail. Accordingly, the applications are allowed. 7. Let Applicant No. 1 – Smt. Nileema Gaien and Applicant No. 2 – Akash Gaien involved in Crime No. 1/2026 registered at Police Station – Shankargarh, District: Balrampur- Ramanujganj (C.G.), for the offence under Sections 305, 331 (3) and 3 (5) of BNS be released on bail on each of them 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 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. 6 (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 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Saurabh