1 CGHC010322802026 2026:CGHC:38629 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.8077 of 2026 Arun Salve S/o Chandrakant Salve Aged About 40 Years Present Address Subhash Ward Bhatapara, P. S. Bhatapara City, District Balodabazar Bhatapara, C. G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Bhatapara (City) District Balodbazar Bhatapara, C. G. ... Non-applicant _____________________________________________________ For Applicant :Ms. Prachi Singh, Advocate. For Non-applicant/State :Ms. Smriti Shrivastava, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.09.2026 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: 2026.09.01 15:43:55 +0530 2 connection with Crime No.172/2026 registered at Police Station – Bhatapara (City), District Balodabazar Bhatapara (C.G.), for the offence under Sections 305(A), 331(4) and 3(5) of BNS. 2. The prosecution case, in brief, is that on 16.05.2026, the complainant locked his house and went to Raipur along with his family for the treatment of his wife. On 21.05.2026, his house was found locked from outside but the main gate lock was broken and upon inspection, the locks of the upper floor and almirah were found forcibly removed and household articles were found scattered. Gold and silver ornaments and cash of about Rs.20,000/- were found missing. Accordingly, a case was registered for house-breaking and theft. During investigation, on the basis of secret information, the present Applicant and co-accused Sanjay Khare were apprehended from Bilaspur while allegedly attempting to sell the stolen ornaments. During interrogation, they allegedly admitted their involvement and pursuant to their memorandum statements, stolen gold and silver ornaments and cash amounting to Rs.11,200/- were recovered from the Applicant and further ornaments and cash amounting to Rs.12,220/- were recovered from co-accused Sanjay Khare, with the total value of the seized property being approximately Rs.5,78,935/- 3 Accordingly, the offences as mentioned above were registered against the Applicant. Hence this 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 the Applicant has been implicated mainly on the basis of the alleged memorandum statement of the co-accused and that the alleged recovery has been made pursuant to the Applicant's memorandum statement, the evidentiary value of which is a matter of trial. It is further submitted that the investigation is complete and charge-sheet has been filed, the Applicant is in custody since 01.06.2026 and the trial is likely to take considerable time for its conclusion, therefore, he may be released on bail. 4. Contrarily, learned State Counsel opposes the bail application and submits that the Applicant has two criminal antecedents, including one case under the NDPS Act and another under the Excise Act. It is further submitted that certain gold and silver ornaments and cash of Rs.11,000/- are alleged to have been seized at the instance of the Applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, 4 particularly the fact that the alleged recovery has been made pursuant to the memorandum statement of the Applicant, he is in custody since 01.06.2026 and the trial is likely to take considerable time, without further commenting anything on 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. Let Applicant- Arun Salve involved in Crime No.172/2026 registered at Police Station – Bhatapara (City), District Balodabazar Bhatapara (C.G.), for the offence under Sections 305(A), 331(4) 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 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 5 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