1 2026:CGHC:17927 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3465 of 2026 Vinay Prakash Kujur S/o Shri Dharmu Kujur, Aged About 30 Years R/o Village Gajabhdi Police Station, Savargaon, District Gadchirouli (Maharashtra) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Aundhi, Distt. Mohla-Manpur-Ambagarh Chowki (C.G.) ...Non-applicant For Applicant : Mr. Devendra Swarnkar, Advocates. For Non-Applicant/State : Mr. Soumya Rai, Dy. G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 20.04.2026 1. The applicant has preferred this Second Bail Application under Section 483 of B.N.S.S. for grant of regular bail, as he has been arrested in connection with Crime No. 26/2025, registered at Police Station : Aundhi, District - Mohla-Manpur-Ambagarh Chowki (C.G) for the offence punishable under Sections 303(2), 318(4), 338, 336(3) of the BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.21 12:31:12 +0530 2 2. The earlier bail application of the applicant has been rejected on merits by this Hon’ble Court vide order dated 21.11.2025 passed in MCRC No. 8843 of 2025. 3. The prosecution case, in brief, is that the complainant, Nagesh Arya, had purchased a Honda Shine motorcycle bearing registration No. CG-19-BK-6148 from Punam Chand Jain about three years prior to the incident. On 10.02.2025 at about 4:30 PM, he went to Morchul Market on his said motorcycle and parked it on the roadside while he went to purchase some goods. When he returned at about 5:30 PM, he found that his motorcycle was missing. Suspecting that an unknown person had stolen the vehicle, he lodged a report at Police Station Aundhi, District Mohla-Manpur-Ambagarh Chowki (C.G.). On the basis of the said report, the police registered Crime No. 26/2025 for offences punishable under Sections 303(2), 318(4), 338, and 336(3) of the BNS, 2023. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He further submits that the applicant is in judicial custody since 28.05.2025, and the prosecution has already filed the charge-sheet before the competent Court. It is further submitted that the prosecution has examined as many as 12 witnesses, including the complainant, therefore, he is entitled to be released on bail. 5. On the other hand learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has been filed in the present case. 6. I have heard learned counsel for the parties and perused the case 3 diary. 7. Taking into consideration the facts and circumstances of the case, the nature of the allegations levelled against the applicant, and the fact that the applicant’s first bail application was rejected on merits, and further considering that the prosecution has already examined as many as 12 witnesses and that the applicant has been in custody since 28.05.2025, coupled with the fact that the conclusion of the trial is likely to take some time, this Court is of the considered view that the applicant is entitled to be released on bail. 8. Let the Second Bail of the Applicant – Vinay Prakash Kujur, involved in Crime No. 26/2025, registered at Police Station : Aundhi, District - Mohla-Manpur-Ambagarh Chowki (C.G) for the offence punishable under Sections 303(2), 318(4), 338, 336(3) of the BNS 2023, be released on bail on 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 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, 4 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. 9. 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