1 2026:CGHC:8115 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1593 of 2026 Kaushal Joshi S/o Anto Prashad Joshi Aged About 21 Years R/o Vill- Malgaon Thana Bakawand Distt- Bastar (C.G.) ... Applicant versus State of Chhattisgarh Through- Police Station - Frezarpur Distt- Bastar (C.G.) ... Non-applicant For Applicant : Mr. Vikash A. Shrivastava, Advocate. For Non-applicant/State. : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.02.2026 1. This is the 8rst bail application 8led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 35/2025 registered at Police Station Frezarpur, District – Bastar (C.G.), for the o<ences punishable under Sections 305, 331(4), 317(2) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the allegations in the FIR against the present applicant, on 15.02.2025 the complainant, Rakesh Joshi, lodged an oral complaint at Police Station Frezarpur, District Bastar, (C.G.), stating that he had gone to Village Binta on 05.02.2025 to attend a program at his relative’s house and that his mother joined him there on 06.02.2025. On 08.02.2025, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.02.13 18:43:59 +0530 2 when they returned home, they found that the lock on the front door had been broken and, upon checking the cupboard, discovered that his mother’s old gold necklace weighing approximately 12 grams, his old gold chain weighing about 8 grams, another gold chain weighing about 5 grams, cash amounting to Rs. 5,000/-, and one mobile phone were missing. On the basis of the said complaint, Police Station Dantewada registered an FIR against unknown persons and took up the matter for investigation, during which the present applicant was arrested. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case. He further submits that, on the basis of the applicant’s memorandum, the police registered six other cases of a similar nature, out of which the applicant has already been enlarged on bail in 8ve cases by the concerned trial court. He also submits that the applicant has been in jail since 18.06.2025 and that the conclusion of the trial may take some time. Therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. He further submits that the present applicant has 06 criminal antecedents of the similar nature, shows that the applicant is a habitual o<ender, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, and the fact that although the applicant has 06 criminal antecedents, the said cases were registered on the basis of the memorandum statement of the applicant, it is noted that the applicant has already been granted regular 3 bail by the concerned trial court in 05 cases. Moreover, the charge-sheet has already been submitted before the competent court in the present case, and the applicant has been languishing in jail since 18.06.2025. Having regard to the period of detention already undergone by the applicant, and considering that the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Kaushal Joshi, involved in Crime No. 35/2025 registered at Police Station Frezarpur, District – Bastar (C.G.), for the o<ences punishable under Sections 305, 331(4), 317(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall 8le an undertaking to the e<ect that he shall not seek any adjournment on the dates 8xed 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 8xed, either personally or through his counsel. In case of his absence, without suCcient cause, the trial court may proceed against his 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, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date 8xed in such 4 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 8xed 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 suCcient 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. OCce is directed to send a certi8ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek