1 2026:CGHC:15845 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3097 of 2026 Hira Loni S/o Sitaram Loni Aged About 41 Years R/o Village Silpur, Police Station Kotma, District - Anuppur (M.P.) ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police of Police Station - Kotwali Ambikapur, District - Sarguja (C.G.) ... Non-Applicant For Applicant : Mr. Jitendra Shukla, Advocate. For Non-Applicant/State : Ms. Anusha Naik, Deputy Government Advocate. 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. 860/2025, registered at Police Station – Kotwali Ambikapur, District - Sarguja (C.G.) for the offence punishable under Sections 309(4), 309(6), 312(2), 317(4) and 111(i)(ii) of Bharatiya Nyaya Sanhita, 2023. 2. As per the brief facts of the prosecution case, on 10.11.2025 at about 8:00 PM, the driver of the vehicle, namely Abodh Kumar, parked the truck bearing registration No. CG-07/BS-4038 in front of a shop. At about 3:00 AM during the night, he noticed some suspicious activity, woke up, and saw that three persons had stolen diesel from the truck. The accused had PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.04.08 10:49:56 +0530 2 covered their faces and fled from the spot in an unnumbered Bolero car. On the basis of the said report, the police registered a case against unknown persons. During the course of investigation, the present applicant along with other accused persons was arrested, and a charge-sheet has been filed before the competent Court. 3. 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 on account of his previous criminal antecedents, the applicant has been wrongly implicated in the present matter. The present applicant has been arrested solely on the basis of the memorandum statement of the main accused, without any independent corroborative evidence. Further, the other co-accused persons in the present case have already been granted bail by the learned trial Court, as is evident from the rejection order annexed herewith as Annexure A-1. He also submitted that the applicant has no previous criminal antecedents, the charge-sheet has already been filed, and the applicant has been in judicial custody since 24.11.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposed the bail application and submitted that the charge-sheet has already been filed in the present case. She further submitted that the allegation levelled against the applicant pertains to theft of diesel. It is also contended that the applicant has three previous criminal antecedents of a similar nature, which indicates that he is a habitual offender. Therefore, it is argued that the applicant is not entitled to the grant of bail. 5. I have heard learned counsel for the parties and perused the documents available on record. 3 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that the charge-sheet has already been filed in the present case, and further considering the period of detention of the applicant since 24.11.2025, as well as the likelihood that the conclusion of the trial will take some time, this Court is of the opinion that the applicant is entitled to be released on bail in the present case. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let the applicant - Hira Loni, involved in Crime No. 860/2025, registered at Police Station – Kotwali Ambikapur, District - Sarguja (C.G.) for the offence punishable under Sections 309(4), 309(6), 312(2), 317(4) and 111(i)(ii) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a 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 misuses the liberty of bail 4 during trial and in order to secure his presence, 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. 8. 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