1 2026:CGHC:17198 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3394 of 2026 1 - Prince Soni S/o Manoj Soni Presently Aged About 18 Years R/o Khairbar P.S. Ambikapur, District- Surguja, Chhattisgarh. 2 - Deepak Kumar Kenwat S/o Sadanand Kenwat Aged About 18 Years 8 Months R/o Jarhi Police Station Bhatgaon District- Surajpur, Chhattisgarh. ... Applicants versus State of Chhattisgarh Through Station House Officer, Of Police Station Gandhinagar District- Surguja (C.G.) ... Non-applicant For Applicants : Mr. Hariom Rai, Advocate For Non-applicant/State : Ms. Anusha Naik, Deputy Govt. Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.04.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 570/2025 registered at Police Station- Gandhinagar District- Surguja, (C.G.) for the offence under Sections 317(4), 303(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. Case of the prosecution, in brief is that on the complaint lodged by the complainant, namely Devendra Kumar, regarding the theft of his motorcycle bearing registration No. CG-16CK-4711, the concerned police authorities initiated an investigation. During the course of investigation, on the basis of the memorandum and confession of the co-accused recorded before the police, it was revealed that the co-accused, along with other persons, were involved in the theft of vehicles and used to sell the same at cheaper rates to the present applicants. On the basis of the aforesaid allegations, the said offences have been registered against the applicants, who have subsequently been arrested. Hence, this bail application. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and have been falsely implicated in the present crime. It is further submitted that the motorcycle bearing registration No. CG-16CK-4711 was sold by the main accused, namely Shubham Soni, to the present applicant No.1 after representing himself to be the lawful owner of the said vehicle and stating that due to financial constraints he intended to sell the same. The applicant No.1, acting in good faith, purchased the vehicle and had no knowledge whatsoever that the said vehicle was stolen property. It is also contended that the present applicants have been implicated solely on the basis of the memorandum statement of the co-accused, which has no evidentiary value in the eyes of law. It is further submitted that the applicant No.01 has one criminal antecedent in which he is on bail 3 and applicant No.02 has two criminal antecedent, which are pending. It is further submitted that the charge-sheet has been filed and the applicants are in jail since 16.12.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State counsel opposes the bail application of the present applicants and submits that the charge- sheet has already been filed in the present case before the competent Court. She further submits that the applicants are involved in a serious offence relating to theft and illegal purchase of a stolen vehicle. It is contended that the involvement of the applicants has surfaced during investigation on the basis of the memorandum of the co-accused, which clearly indicates that the stolen vehicle was knowingly sold to the present applicant at a cheaper rate. It is further submitted that the applicants were in conscious possession of the stolen property and their conduct reflects their complicity in the offence. She further submits that the applicant No.01 has one criminal antecedent and applicant No.02 has two criminal antecedent, which are pending, therefore, the applicants are not entitled to be released on 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 allegation levelled against the applicants and the fact that though the allegation against the applicants pertains to 4 the purchase of a stolen vehicle, the material available on record indicates that their implication is primarily based on the memorandum statement of the co-accused. It is also not in dispute that the applicants are in jail since 16.12.2025 and the charge-sheet has already been filed. Though the applicants are stated to have some criminal antecedents which are explained in the bail application, but considering the overall facts, the nature of allegations, and conclusion of the trial may take some time, therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicants is allowed. Let the Applicants – Prince Soni and Deepak Kumar Kenwat involved in Crime No. 570/2025 registered at Police Station- Gandhinagar District- Surguja, (C.G.) for the offence under Sections 317(4), 303(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without 5 sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail 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 applicants 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. 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 Rahul Dewangan