1 2026:CGHC:16989 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1684 of 2026 Ravi Kumar Swami S/o Kumar Swami Aged About 25 Years R/o Shiv Nagar W R S Colony, Parshad Gali, Police Station Khamtarai Raipur, District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station - Khamtarai Raipur District- Raipur (C.G.) ... Respondent For Applicant : Shri Vimlesh Bajpai, Advocate. For Respondent/State : Ms. Ritika Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/04/2026 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.38/2026 registered at Police Station Khamtarai, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 305, 331(4), 238, 3(5) of the Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that the complainant namely Horipal lodged a written report at the Police Station stating that on 16.01.2026, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.15 10:59:54 +0530 2 he along with his family members, except his younger son, went to attend a family function at Bamhani, District Mahasamund, while his younger son remained alone at home. On 18.01.2026, the younger son of the complainant also left for Mahasamund after locking the house. Thereafter, the present applicant called the complainant’s elder son and inquired about his return, to which the elder son replied that he would return after 2–3 days. On 20.01.2026, at about 9:30 a.m., the applicant informed the elder son over the phone that the lock of their house had been broken and also sent a video of the house to his mobile phone. Upon receiving this information, all family members immediately returned home and found that the locks of the door and almirah were broken. Upon checking, the complainant found that old used gold and silver ornaments, including one gold top, one gold nose ring, a silver armlet, a silver key ring, silver anklets, a child’s silver bangle, a silver ring, a silver locket, silver leg ornament, a silver coin, and cash amounting to Rs.5,200, totaling stolen property worth Rs.85,200, had been stolen by unknown persons. Suspicion was raised against the present applicant, alleging that he, along with some other person, committed the offence. On the basis of the said report, an offence against the present applicant was registered. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He would submit that the applicant is, in fact, the person who informed the complainant’s family about the alleged theft in the house. However, due to mere suspicion, the complainant has wrongly implicated the present applicant in the case. He would submit that being a responsible neighbour, the applicant informed the complainant’s elder son about 3 the incident of theft, which clearly reflects the bona fide conduct of the applicant. He would submit that the charge sheet has been filed in this case,the applicant is in jail since 21/01/2026 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court and the applicant has one criminal antecedent of the year 2020. 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 of allegation levelled against the applicant, period of detention of the applicant since 21/01/2026, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Ravi Kumar Swami, involved in Crime No.38/2026 registered at Police Station Khamtarai, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 305, 331(4), 238, 3(5) of the Bhartiya Nyay Sanhita, 2023, 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 4 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. 8. 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 gouri