1 2026:CGHC:15846 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3094 of 2026 Irfan Ansari S/o Sarafat Ansari, Aged About 20 Years, (Name Of Father Of Applicant, Age Of The Applicant Not Mentioned Properly In The Order-Sheet), R/o Badhani, P.S. Mohaniya, District - Kaimur Ajhwa, Bihar, Presently R/o Rawabhatha, Sunder Nagar, Ward No. 12, Khamtarai, District Raipur Chhattisgarh ... Applicant versus State of Chhattisgarh Through The Police Station - Khamtarai (Name of P.S. Wrongly Mentioned In Some Places Of The Order-Sheet) Distt - Raipur Chhattisgarh ... Non-Applicant For Applicant : Mr. Tanuj Patwardhan, Advocate. For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 07.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 31/2026, registered at Police Station – Khamtarai, District - Raipur (C.G.) for the offence punishable under Section 331(4) and 305 of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution story, on 14.01.2026, a neighbor informed the complainant via telephone that the lock on the front door of their house PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.04.08 10:49:56 +0530 2 had been broken. Upon the complainant’s request, the neighbor entered the house to inspect the premises and observed that household items, clothing, and other belongings were scattered. The lock on the inner room door and the locker inside the wardrobe were also found to be broken. This information was immediately conveyed to the complainant. Upon returning home, the complainant verified that the locks on the front door, the inner room door, and the wardrobe locker had indeed been broken. It was discovered that, during the intervening night of 12.01.2026, an unidentified thief had forcibly entered the house and stolen the following items from the wardrobe: eight gold leaf pieces, one gold ring, three gold nose studs, one silver bowl, one silver glass, one silver spoon, silver anklets, one silver key ring, and two “Crown” brand home theatre systems. Based on the complainant’s report, a case was registered against unknown persons, and an investigation was initiated. 3. During the course of the investigation, on 10.02.2026, information was received from an informant that three to four young men were roaming in the Rawabhata Transport Nagar area attempting to sell gold and silver items. Acting on this information, the police team proceeded to Transport Nagar and located individuals matching the description provided. They were detained and interrogated. The individuals identified themselves as Pappu Chandrakar, Mohd. Irfan Ansari, and one juvenile, all residents of Rawabhata, Sundar Nagar, Ward No. 12, Raipur. During interrogation, the accused confessed to committing the theft at the complainant’s residence on the intervening night of 12.01.2026. Pursuant to the memorandum statement of accused Pappu Chandrakar and at his instance, the following items were recovered and seized in the presence of witnesses: one gold locket, one silver bowl, one silver tumbler, one silver spoon, one pair of silver anklets, and one silver key ring. 3 Additionally, three stolen gold rings were recovered from the possession of accused Mohd. Irfan Ansari, and two “Crown” brand home theatre systems along with one television set were recovered from the possession of the juvenile. The total value of the recovered property has been assessed at Rs.77,000/-. On the basis of the above, the applicant was arrested by the police of Police Station Khamtarai, Raipur (C.G.), for offences punishable under Sections 331(4) and 305 of the Bharatiya Nyaya Sanhita, 2023. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the applicant has no role to play in the commission of the alleged offence. Further, the applicant has no previous criminal antecedents, the charge-sheet has been filed and the applicant is in jail since 10.02.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. She further submits that from the perusal of the case diary, it appears that the allegation against the applicant/accused, along with other co-accused persons, is that they committed theft by breaking open the door and lock of the complainant’s house and stole gold and silver ornaments along with other articles. On the basis of the memorandum statement of the applicant, seizure of a silver ring has been shown. Hence, he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the documents available on record. 4 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no previous criminal antecedents, the charge-sheet has been filed and he is in jail since 10.02.2026 and conclusion of the trial is likely to take some time, this Court is of the opinion that the applicant is entitled to be released on bail in this case. 8. Accordingly, the bail application is allowed. Let the applicant - Irfan Ansari, involved in Crime No. 31/2026, registered at Police Station – Khamtarai, District - Raipur (C.G.) for the offence punishable under Section 331(4) and 305 of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two 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 misuses the liberty of bail during trial and in order to secure his presence, 5 proclamation under Section 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. (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. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti