1 2026:CGHC:2200 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 439 of 2026 Shatruhan S/o Sahettar Uraon Aged About 42 Years R/o Subhash Chowk, Niharika Near Pushpalata Garden, Beside Police Station Civil Line, Rampur (Wrongly Mentioned As Ramkampur), District- Korba (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, Police Station - Kusmunda, District- Korba (C.G.) ... Respondent(s) For Applicant(s) : Mr. Krishnakant Prajapati, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/01/2026 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. 218/2024 registered at Police Station Kusmunda, District- Korba (C.G.) for the offence punishable under 2 Sections 379 of IPC. 2. Case of the prosecution, in brief, is that on 12.06.2024, the complainant Ganpat Kashyap lodged a report at Police Station Kusmunda alleging that his motorcycle Hero Splendor bearing registration No. CG-12-BL-6612, which was parked outside his house, had been stolen by an unknown person. On the basis of the said report, an FIR was registered against unknown accused. During the course of investigation, the present applicant was arrested on 26.11.2025 in connection with the said offence. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence nor any seizure has been made from the present applicant, only on the basis of suspicion he has been falsely implicated in offence in question. The applicant is in jail since 26.11.2025, the applicant has two criminal antecedents of the year 2025, out of which, one case is identical nature and one case is under Section 205 of BNS and in both the cases, applicant is on bail, further 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 allegation against the applicant is that he committed theft of complainant’s 3 motorcycle, Hero Splendor bearing registration No.CG-12-BL- 6612, which was parked outside the complainant’s house on 12.06.2024, further the stolen bike was recovered from the present applicant, which clearly indicates the involvement of present applicant in the present case. She also submits that the applicant has two criminal antecedents of the year 2025, out of which, one is of identical nature and one is under Section 205 of BNS, 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 since 26.11.2025, the fact that though the applicant allegedly committed theft of the complainant’s motorcycle, Hero Splendor bearing registration No. CG-12-BL-6612, which was parked outside the complainant’s house, but considering the fact that the applicant has already been suspended from service, also considering the criminal antecedents of the applicant, which are two in number, out of which, one is of identical nature and one is under Section 205 of BNS, further the charge-sheet has been filed, 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. 7. Accordingly, the application is allowed. 8. Let the Applicant-Shatruhan, involved in Crime No. 218/2024 4 registered at Police Station Kusmunda, District- Korba (C.G.) for the offence punishable under Sections 379 of IPC, 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 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 5 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