1 2026:CGHC:8144 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 998 of 2026 Mangal Pardhi S/o Hemsingh Pardhi Aged About 39 Years R/o Village Semariya, Police Station And District Bemetara, C.G. --- Applicant versus State of Chhattisgarh Through The S H O, Police Station Gandai, District Khairagarh Chhuikhadan Gandai C.G. --- Non-Applicant MCRC No. 1005 of 2026 Mangal Pardhi S/o Hemsingh Pardhi Aged About 39 Years R/o Village Semariya, Police Station And District Bemetara, C.G. ---Applicant Versus State of Chhattisgarh Through The Sho, Police Station Gandai, District Khairagarh Chhuikhadan Gandai, C.G. --- Non-Applicant For Applicant : Mr. Siddharth Pandey, Advocate. For State/ Non-Applicant : Ms. Sameeksha Gupta, PL Digitally signed by RAVVA UTTEJ KUMAR RAJU 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/02/2026 1. These are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 215/2025 & Crime No. 115/2025 registered at Police Station- Gandai, District- Khairagarh – Chhuikhadan – Gandai (C.G.) for the offence punishable under Sections 331 (4), 305 (a), 62 r/w. 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (as per impugned order). 2. Case of the prosecution, in brief, is that the complainants in their respective complaints on 08.05.2025 and 13.07.2025 registered before the Police Station – Gandai have stated that some unknown persons have committed theft in their house and stole valuable gold ornaments and other items. The complainant namely, Sonbai Sinha in FIR No. 215/2025 have alleged that 5 gold patti worth Rs. 30,000/- and cash of Rs. 4,000/- was stolen from her house and the complainant namely Omkar Verma in FIR No. 115/2025 have alleged 30 tolas of Silver Kardhan, 20 tolas of Silver Anklets and 03 grams of gold ornaments and 02 grams of Gold Ring worth Rs. 48,000/- have been stolen from his house. The police authorities of Police Station – Gandai on the basis of complaint registered the offences punishable under Sections 331 (4), 305 (a), 62 r/w. 3 (5) of the Bharatiya Nyaya Sanhita, 2023 and during investigation, the applicant was arrested by the police and seizure of the alleged gold ornaments was also made from the applicant and thereafter, he was arrested by the police authorities. Hence, the bail applications. 3 3. Learned counsel for the applicant submit that the applicant has not committed any offence. Only on the basis of mere suspicion, present applicant has been falsely implicated in the offence in question. The allegations leveled against the present applicant is sketchy, and no recovery or incriminating article has been seized from the possession of the applicant. He submits that the seizure made from the present applicnt are distinguishable from the articles as mentioned in the FIR. He submits that there is no material to prove that the articles seized from the present applicant belongs to the complainant. The applicant is in jail since 01.08.2025. He submits that there are 03 criminal antecedents against the applicant in which, the applicant has been discharged from 02 cases. Charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail applications and submit that the charge- sheet has been led in the present case before the competent Court, however, she submits that the applicant is having 03 criminal antecedents, which proves the applicant is a habitual oender. However, she do not dispute the submission of the counsel for petitioner that, the applicant is having 04 cases of theft registered him in which, in two cases the applicant has led the present bail applications. She further submits that other previous antecedents are of serious nature and thus, the applicant being a habitual oender cannot be released on bail. Therefore, the applicants are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 4 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 01.08.2025, further considering the fact that the applicant has 03 criminal antecedents in which, 02 cases are discharged and charge- sheet has been filed in the present case, trial is likely to take sometime, without expressing any opinion on the merits of the case and considering the totality of facts and circumstances, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail applications of the applicant are allowed. 8. Let the Applicant namely, Mangal Pardhi involved in Crime No. 215/2025 and Crime No. 115/2025 registered at Police Station- Gandai, District- Khairagarh – Chhuikhadan – Gandai (C.G.) for the offence punishable under Sections 331 (4), 305 (a), 62 r/w. 3 (5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties each 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 they 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail 5 during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, 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 applicants are 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 them in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE U.K. Raju