1 CGHC010336002026 2026:CGHC:38599 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8050 of 2026 Balamurgan S/o K. Balamurgan, Aged About 58 Years R/o Ramji Nagar, P. S. Ramji Nagar, Dist. Tiruchirapalli (Tamil Nadu) ... Applicant versus State Of Chhattisgarh Through Station House Officer (S. H. O.) P. S. Ganj, Dist. - Raipur (C.G.) ... Non-Applicant For Applicant : Shri Shalvin Sharma, Advocate. For Non-Applicant : Shri Jitendra Shrivastava, GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01/09/2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.9/2026 registered at Police Station Ganj, District Raipur (C.G.) for the offence under Sections 305 (c), 3 (5), 324 (5) & 112 (2) BNS. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.09.01 19:49:03 +0530 2 2. The prosecution case, in brief, is that on 12.01.2026 at around 04:00 PM, complainant left home in his car bearing registration number CG-04-PI- 9909 accompanied by his brother-in-law. They proceeded to Apollo Diagnostic Clinic to meet Dr. Paras Jain and reached there at approximately 05:45 PM. Complainant parked the car on the roadside in front of the clinic and went inside with his brother-in law. At around 06:20 PM, upon returning, they found that the rear glass on the driver's side (right rear door window) of complainant car had been broken. Complainant had kept a grey laptop bag and a black sling bag on the back seat, and upon checking CCTV footage. Complainant saw 4-5 individuals around the car, one of whom, wearing a blue shirt, was seen breaking the glass and stealing complainant's bag. The grey laptop bag contained ₹10,00,000 in cash, along with an old HP laptop, a used Samsung tablet and a Sony external hard disk, while the black sling bag contained five debit and credit cards. The accused fled after committing the theft. Thereafter, the complainant went to Police Station Ganj with his brother-in-law to file a report. On the basis of complaint made by the complainant the present FIR no. 09/2026 was lodged on 12.01.2026 and during the investigation name of the present applicant was involved in this present crime and he was arrested on 17.01.2026 whereas chargesheet has been filed on 16.03.2026. It is pertinent to mention that, there has been seizure of only 3500 Rs. (7 Notes of 500 Rs.) from the present applicant/Balamurgan as per Final Report submitted by 3 Prosecution. Hence the bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. The name of the present applicant is not mentioned in the FIR and 4 co-accused persons have already been released on bail by this Court vide orders dated 20.4.2026, 9.7.2026, 11.8.2026 & 17.8.2026 passed in MCRC Nos.3518/26, 4403/26, 7339/26 & 7400/2026 respectively. Moreover, the applicant has one criminal antecedent under the BNS, which is pending. The applicant is in jail since 17.1.2026. Therefore, the applicant may be released on bail on the ground of parity. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicant has one criminal antecedent under the BNS, which is pending, and the charge sheet has been submitted against the applicant. Therefore, the bail application may be rejected. 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, and the fact that the charge sheet has already been submitted against the applicant, the applicant has one criminal antecedent under the BNS, which is pending, which is mentioned in the bail application, the applicant is in jail since 17.1.2026, 4 co-accused persons have already been released on bail by this Court vide 4 orders dated 20.4.2026, 9.7.2026, 11.8.2026 & 17.8.2026 passed in MCRC Nos.3518/26, 4403/26, 7339/26 & 7400/2026 respectively and conclusion of trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case on the ground of parity. Accordingly, the Application is allowed. 7. Accordingly, the Application is allowed. 7. Let the Applicant – Balamurgan, involved in Crime No.9/2026 registered at Police Station Ganj, District Raipur (C.G.) for the offence under Sections 305 (c), 3 (5), 324 (5) & 112 (2) BNS, be released on bail on furnishing 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 their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them 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 5 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 applicants are 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 them 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. - Sd/- (Ramesh Sinha) Chief Justice Barve