1 2026:CGHC:16948 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3355 of 2026 1 - Rahul Pardhi S/o Punaram Pardhi Aged About 23 Years R/o Village- Ghatiyakhurd, Police Station- Nandani, District- Durg (C.G.) 2 - Chhotu Pardhi S/o Kumar Pardhi Aged About 27 Years R/o Village- Ghatiyakhurd, Police Station- Nandani, District- Durg (C.G.) ... Applicant(s) versus 1 - State of Chhattisgarh Through- Station House Officer, Police Station- Bemetara, District- Bemetara (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Chandrakaditya Pandey, Advocate For Respondent(s) : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.04.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.49/2026, registered at Police Station – Bemetara, District – Bemetara (C.G.) for the offence punishable under Sections 331(4), 305(e), 3(5) of BNS. 2. The case of the prosecution, it is that the complainant Kewal Singh Verma preferred a written complaint before Station House Officer, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.15 18:11:13 +0530 2 Police Station Bemetara (C.G.) to lodge first information report against unknown persons alleging inter-alia that he is working as In- charge manager of Seva Sahkari Samiti Maryadit, Khiolra (Rajkudi) and in the year 2025-2026, the paddy purchase work as per scheme of the State Government is going on. It is alleged that the purchased paddy have been kept in stakes in the Paddy Procurement Center. It is alleged that on 26.01.2026 at about 9.00 am morning, the guard Chumman Nishad informed him that some unknown person has committed theft of paddy about 50-60 gunny bags in the night of 26.01.2026, then he went to the spot and found that the paddy Sarna total 60 packets containing 40 kilograms in each, thus total 24 quintals of Sarna paddy have been stolen by some unknown persons by cutting fencing wire and broke into the paddy procurement center. It is further stated in the application that on checking of CCTV cameras, it was found that on 26.01.2026 at about 2.00-3.00 am night, a white colour pick-up vehicle was seen coming towards paddy procurement center. The incident was disclosed by the complainant to the President of the Committee and his superior officers. On the basis of report lodged by the complainant, the Police Station Bemetara registered an bearing Crime No. 49/2026 under Section 331(4), 305(e) of Bharatiya Nyaya Sanhita, 2023 against unknown persons and investigation was initiated. During course of the investigation, the present applicants were taken into custody by the police and on the basis of their memorandum statement, total 135 gunny bags filled with Sarna paddy containing 40 kilograms in each were seized from the exclusive possession of the applicants, out of which 84 bags were given to Police Station Than Khamhariya in offence connection with Crime No. 20/2026 for the same offence and other articles were seized on the basis of memorandum statements of 3 the applicants, they were arrested, statement of the witnesses were recorded and after completion of the entire investigation, charge- sheet has been filed before the learned Chief Bemetara Judicial Magistrate, Bemetara, District are as (C.G.). 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have falsely been implicated in this case and there are one previous criminal antecedents registered against the applicant No.1 and two criminal antecedents registered against the applicant No.2 and same are mentioned in the bail application at paragraph No.4(a). It is further submitted that the charge-sheet has been filed in this case and applicants are in jail since 03.02.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are one previous criminal antecedents registered against the applicant No.1 and two criminal antecedents registered against the applicant No.2 and same are mentioned in the bail application at paragraph No.4(a). 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants, charge-sheet has been filed against the applicants, the applicants are in jail since 03.02.2026, and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants, applicant No.1 Rahul Pardhi and applicant No.2 4 Chhotu Pardhi involved in Crime No.49/2026, registered at Police Station – Bemetara, District – Bemetara (C.G.) for the offence punishable under Sections 331(4), 305(e), 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 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. 5 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 vaishali