1 2026:CGHC:16123 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3115 of 2026 Nikhil Kumar Yadav @ Gudda S/o Krishna Yadav Aged About 18 Years R/o New Market Station Maroda, Thana- Newai, Distt.- Durg (CG) ... Applicant(s) versus State Of Chhattisgarh Through- Sho, Thana- Newai, Distt.- Durg (Cg) ... Respondent(s) For Applicant(s) : Mr. Samir Singh, Advocate. For Respondent(s) : Mr. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/04/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 66/2026 registered at Police Station Newai, Distt.- Durg (C.G.) for the offence punishable under Sections 303(2), 3(5) of BNS. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 06.02.2026, the complainant, namely Akash Kumar Ray, lodged a report stating that during the night, three unknown persons had stolen wires from standing trucks, amounting to approximately Rs. 6,000/-. Thereafter, the report was registered, and the police arrested the present applicant for the alleged commission of the said offence. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question, only on the basis of memorandum statement of the co-accused. The applicant is in jail since 10.03.2026, the applicant has no criminal antecedent, 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 State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant is alleged to have involved in the commission of theft of wires from standing trucks amounting Rs.6,000/-, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant 3 since 10.03.2026, the fact that though the applicant is alleged to have involved in the commission of theft of wires from standing trucks amounting Rs.6,000/-, but considering the fact that the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Nikhil Kumar Yadav @ Gudda, involved in Crime No. 66/2026 registered at Police Station Newai, Distt.- Durg (C.G.) for the offence punishable under Sections 303(2), 3(5) of BNS, 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, proclamation under Section 84 of BNSS. is issued 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil