1 2026:CGHC:15583 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3038 of 2026 Jay Patil S/o Rajesh Patil Aged About 26 Years R/o Kantgikala, Police Station Ramnagar, District- Gondia, Maharashtra Pin- 441601 (Particulars Of The Applicant Is Mentioned Correctly) ... Applicant versus State Of Chhattisgarh Through District Magistrate, District- Durg (Cg) ... Non-applicant For Applicant : Mr. Anmol Sharma, Advocate. For Non-applicant/State : Ms. Vaishali Mahilang, P.L. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06/04/2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.04.07 10:49:04 +0530 2 connection with Crime No. 22/2025, registered at Police Station : City Kotwali, District-Durg (C.G.) for the offence punishable under Sections 305(a), 332, 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that on 08.01.2025, the complainant, Sneh Lata Agrawal, who runs a jewellery shop in the name and style of Balaji Jewellers at Durg, went to Sector-9 Hospital, Bhilai, leaving her employee, Dimple Sahu, in charge of the shop. During her absence, a customer came to the shop and asked to see a gold bracelet and gents’ rings. While trying the rings, the customer, on the pretext of coughing, went outside the shop and fled away along with another person on a motorcycle, taking the jewellery with him. The incident was reported to the police, and an FIR was registered against unknown persons. During the course of investigation, the present applicant, who was already in custody in another case, was implicated after about 12 months on the basis of secret information and his memorandum statement. He was subsequently arrested, and a charge sheet has been filed against him. 3. Learned counsel for the applicant submits that the applicant is 3 innocent and has been falsely implicated in the present case and has not committed any offence as alleged. It is further submitted that no incriminating articles have been seized from the possession of the applicant and that he has been implicated solely on the basis of a memorandum statement, which is not admissible in evidence. It is also submitted that the applicant has only one previous criminal antecedent and is the sole earning member of his family, responsible for the medical care of his ailing mother. Learned counsel further submits that there is no material evidence against the applicant and that his implication is based only on the memorandum statement. 4. Per contra, learned State counsel vehemently opposes the bail application and submits that the applicant is a resident of the State of Maharashtra and that the charge sheet has already been filed before the competent Court. It is further submitted that the applicant has one criminal antecedent, as mentioned in paragraph 4(a) of the bail application. The applicant has been rightly implicated on the basis of material collected during investigation, including his memorandum statement and other circumstantial evidence. It is also submitted that 4 the offence is serious in nature and involves theft of valuable jewellery in a well-planned manner. Considering the gravity of the offence, it is prayed that the applicant is not entitled to be granted bail. 5. I have heard learned counsel for the parties and perused the case diary as well as the material available on record. 6. Taking into consideration the facts and circumstances of the case, particularly the absence of direct evidence, non-recovery of any incriminating article from the applicant, and the fact that the charge sheet has already been filed, this Court is of the considered view that a case for grant of bail is made out. Accordingly, the present bail application is allowed. It is directed that the applicant be released on regular bail upon furnishing a personal bond along with one solvent surety in such sum as may be fixed by the learned Trial Court, subject to the conditions that he shall appear before the Trial Court on all dates fixed, shall not tamper with the prosecution evidence, and shall not induce or threaten any witness. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Jay Patil, involved in Crime No.22/2025, 5 registered at Police Station : City Kotwali, District-Durg (C.G.) for the offence punishable under Sections 305(a), 332, 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, 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 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 misuse the liberty of bail during trial and in order to secure his 6 presence, proclamation under Section 84 of BNSS is issued and the applicant fail 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Arpan