1 CGHC010357112026 2026:CGHC:42233 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8592 of 2026 Nagesh Dewar S/o Shri Rameshwar Dewar Aged About 24 Years R/o Ward No.04, Iddgah-Bhata (Wrongly Mention As Iddgao-Bhata) Mahasamund Police Station And Tahsil- And Distt- Mahasamund (C.G.). ... Applicant versus State Of Chhattisgarh Through- P.S. Mahasamund Distt- Mahasamund (C.G.) ... Non-Applicant For Applicant : Mr. Jameel Akhtar Lohani, 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 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 478/2025 registered at Police Station Mahasamund, District Mahasamund (C.G.) for the offences punishable under Sections 331(4) and 305(a) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. Case of the prosecution, in brief, is that on 05.11.2025 at about 03:15 PM, complainant Aslam Khan lodged a written report stating that during the intervening night of 03.11.2025 and 04.11.2025 between 01:00 AM to 03:00 AM, some unknown persons entered his house by breaking open the lock and committed theft of gold and silver 2 ornaments valued at approximately Rs. 3,00,000/- along with cash amounting to Rs. 1,50,000/-. On the basis of said report, Crime No. 478/2025 was registered against unknown persons. During the course of investigation, the present applicant was arrested on 07.11.2025 . 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the crime in question merely on the basis of suspicion and previous antecedents. The FIR was lodged against unknown persons and there is no direct evidence connecting the applicant with the alleged crime. It is further submitted that out of three criminal antecedents registered against the applicant, he has already been acquitted in two cases, while one case remains pending. The investigation is complete, charge-sheet has already been filed before the competent Court, and out of 15 cited witnesses, only 5 witnesses have been examined so far. The applicant is in jail since 07.11.2025, and conclusion of the trial is likely to take considerable time, thus, he prays that 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 has three criminal antecedents registered in the year 2020, 2021 & 2024 under Sections of IPC of similar nature, and on the basis of memorandum statement, theft articles were recovered; hence, he is not entitled to be released on bail. However, she does not dispute the fact that charge-sheet has already been filed and the applicant has been acquitted in two of the earlier cases. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of the allegations, particularly taking into consideration that the FIR was lodged against unknown persons, applicant is in custody since 07.11.2025, charge-sheet has already been filed, out of 15 witnesses only 5 witnesses have been examined, the applicant has been acquitted 3 in two previous cases, and further considering that conclusion of the trial will take its own time, without further commenting on the merits of the case, this Court is inclined to release the applicant on bail. Accordingly, the application 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, (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