1 2026:CGHC:17930 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3468 of 2026 Shahzad @ Fukali S/o Abdul Rashid Aged About 21 Years R/o Village Bazar Para, Bhatgaon, P.S. Bhatgaon, Distt. Surajpur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Bhatgaon, Distt. Surajpur, Chhattisgarh. ...Non-applicant For Applicant : Mr. Ishwar Jaiswal , Advocate. For Non-applicant/State : Ms. Vaishali Mahiling, Dy. G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 20.04.2026 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 applicant who has been arrested in connection with Crime No. 144/2025 registered at Police Station – Bhatgaon District - Surajpur (C.G.), for the offences punishable under Sections 305(a), 331(4), 317(2), 3(5), 112 of BNS 2023. 2. Case of the prosecution, in brief, is that a complaint by the Security In- VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.21 12:31:11 +0530 2 charge of SECL Bhatgaon Colliery, the Applicant, along with other co- accused, entered the SECL workshop and committed theft of 5 PT boxes, 6 SDL machine bearings, 20 meters of copper cable, and 1 gear box. The police have registered case against the applicant in crime no. 144/2025 punishable offence under section 305(a), 331(4), 317(2), 3(5), 112 of B.N.S, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the investigation in the present case has already been completed and the charge-sheet has been filed before the competent Court, therefore no further custodial interrogation of the applicant is required. It is further submitted that a co-accused in the same matter, namely Rajan Yadav, has already been granted bail by this Hon’ble High Court vide order dated 04.02.2026, and the case of the present applicant is similar in nature, hence he is also entitled to the benefit of bail on the ground of parity. The applicant has been in judicial custody since 23.10.2025 and has already undergone a substantial period of detention, which is adversely affecting his mental and physical health. Moreover, the alleged offences are not punishable with death or imprisonment for life, and the trial is likely to take considerable time for its conclusion. Therefore, in such circumstances, continued detention of the applicant would not be just and proper. The applicant undertakes to abide by all the terms and conditions as may be imposed by this Hon’ble Court. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the applicant has six 3 previous criminal antecedent, therefore, he is not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the offence alleged against the applicant, the period of detention undergone since 23.10.2025, and the fact that a co-accused in the same matter, namely Rajan Yadav, has already been granted bail by this Hon’ble High Court vide order dated 04.02.2026 in MCRC No. 1200 of 2026, coupled with the fact that the charge-sheet has already been filed before the competent Court and the conclusion of the trial is likely to take considerable time, this Court is of the opinion that the applicant deserves to be enlarged on regular bail. 7. 7. Let the Applicant – Shahzad @ Fukali, involved in Crime No. 144/2025 registered at Police Station – Bhatgaon District - Surajpur (C.G.), for the offences punishable under Sections 305(a), 331(4), 317(2), 3(5), 112 of BNS 2023, be released on bail on his furnishing personal bond with two local 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 his under 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav