1 CGHC010356372026 2026:CGHC:42234 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8589 of 2026 Suryakant Rajwade @ Surya S/o Shri Rupasai, Aged About 20 Years R/o Mo. Village Bhuneshwarpur, Chikhlaprara, P.S. Ramanujnagar, District Surajpur (C.G.). ... Applicant versus State of Chhattisgarh Through Station House Officer, P.S. Ambikapur District Surguja (C.G.). ... Non-Applicant For Applicant : Mr. Shakti Raj Sinha, Advocate For Non- Applicant : Ms. Ritika Verma, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 28/09/2026 1. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in connection with Crime No. 238/2026 registered at Police Station Ambikapur, District Surguja (C.G.) for offences punishable under Sections 305(b) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that a written report was lodged against unknown persons regarding the theft of a motorcycle bearing registration No. CG-15-ED-8049. During the course of investigation, the applicant was arrested on 18.06.2026. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has falsely been implicated in the present crime. He 2 contends that the FIR was lodged against unknown persons. He would further submit that the investigation is complete, the charge-sheet has already been filed before the competent court, and the applicant has been in judicial custody since 18.06.2026. There are six criminal antecedents of the applicants, out of which, in five cases the applicant has already been enlarged on bail, while the sixth case has attained finality and stands closed; he would lastly submit that since the trial is likely to take considerable time to conclude, the applicant may be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is a habitual offender with six criminal antecedents. However, he does not dispute that the investigation has been completed, the charge-sheet has been filed. 5. Heard learned counsel for the parties and perused the case diary. 6. Considering the totality of the facts and circumstances of the case, particularly that the offences under Sections 305(b) and 3(5) of the BNS are triable by the Magistrate; the investigation has been completed and the charge-sheet has already been filed, the applicant has been in custody since 18.06.2026; and looking to the explanation that the applicant has already obtained bail in five earlier cases and the sixth case stands closed, this Court is inclined to release the applicant on regular bail. Accordingly, the bail application filed under Section 483 of the BNSS is allowed. 7. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail, on following conditions :- (i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, 3 (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. The observation made hereinabove is for the purpose of deciding this bail application only, the trial Court shall decide the case on its own merits. Sd/- Rakesh Mohan Pandey JUDGE Nadim