1 CGHC010335252026 2026:CGHC:39392 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8289 of 2026 1 - Pochi @ Yogi Pardhi S/o Bhagwan Singh Pardhi Aged About 40 Years R/o Unida, Police Station Gunga, District Bhopal M.P. (Wrongly Mentioned As C.G.) --- Applicant versus 1 - State Of Chhattisgarh Through P.S. Marwahi, District Gaurela-Pendra- Marwahi Chhattisgarh ---- Respondents For Applicant : Mr. Suresh Tandon, Advocate For Respondent : Mr. Sangharsh Pandey, G.A. Hon'ble Shri Justice Parth Prateem Sahu Order On Board 08/09/2026 1. Applicant has filed this second bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 211 of 2025, registered at Police Station – Marwahi, District – Gaurela-Pendra- Marwahi (C.G.) for offence punishable under Section 331 (3), 305 (A), 112, 317 (2), 3 (5) of the Bhartiya Nyay Sanhita, 2023. 2. The brief facts of the prosecution case are that on 09.12.2025, the complainant, Jeevan Yadav, lodged a written report stating that unknown person(s) committed theft in his house during daytime by breaking open the back door. It was alleged that the following articles were stolen: one gold necklace, five mangalsutras, four gold rings, three gold leaves, three pairs of gold earrings, one gold jhumka, one BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN 2 gold locket, one gold chain, seventeen silver anklets, two sets of silver bracelets, six sets of silver bangles, one silver chain, two silver lockets, twenty silver toe rings, one silver bowl, three silver rings, along with cash amounting to Rs.2,15,000/-. The total value of the stolen property is stated to be Rs.7,50,000/-. On the basis of the said complaint, an FIR was registered for the offence of house-breaking and theft under Sections 331(3) and 305(A) of the Indian Penal Code, vide Crime No. 211/2025 at Police Station Marwahi, District Gaurela- Pendra-Marwahi (C.G.). 3. Learned counsel for the applicant submits that the applicant has not committed any offence and has been falsely implicated in the offence in question. He further submits that no stolen gold or silver ornaments were recovered from the possession of the applicant. An amount of Rs. 6,000/-, one iron rod, one Nokia keypad mobile phone and one motor cycle were seized, which cannot conclusively establish participation of applicant in the alleged theft. He submits that similarly placed co-accused persons have been enlarged on bail by Coordinate Bench of this Court in M.Cr.C.No. 2957 of 2026 vide order dated 02.04.2026 and in M.Cr.C. No. 6455 of 2026 vide order dated 11.08.2026. He also submits that against them also there were criminal antecedents and case of the applicant is on similar footing. It is also submitted that the charge-sheet has already been filed, the applicant is in custody since 18.02.2026, and the trial is likely to take some time for its conclusion. Therefore, learned counsel prays for grant of bail to the applicant. 4. Learned counsel for the State opposes the submissions of learned counsel for applicant. However, he do not dispute the submission of 3 learned counsel for applicant that the other co-accused persons involved in similar nature of offence, were enlarged on bail by the Coordinate Bench of this Court. 5. I have heard learned counsel for the parties. 6. Taking into consideration facts and circumstances of case, nature and gravity of the offence and the fact that charge-sheet has already been filed and further taking into consideration that similarly placed co- accused persons have been enlarged on bail by the Coordinate Bench of this Court in M.Cr.C.No. 2957 of 2026 vide order dated 02.04.2026 and in M.Cr.C. No. 6455 of 2026 vide order dated 11.08.2026, without commenting anything on merits of the case, I am inclined to allow the bail application. 7. Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that- (a) 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. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through him counsel. In case of him absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 4 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. (d) 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/- (Parth Prateem Sahu) Judge Balram