1 2026:CGHC:6567 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1301 of 2026 Uttam Sahu S/o Shri Rupram Sahu Aged About 19 Years R/o Ward No. 5, Ahiwara, Gram Ahiwara, P.S. And Tehsil- Dhamdha, District- Durg (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House O1cer, P.S.- Chowki- Chichola, P.S. Churiya, District- Rajnandgaon (C.G.) ... Non-applicant(s) For Applicant : Mr. Pranav Tiwari, Advocate. For Non-applicant/State : Ms. Anusha Naik, Dy. Govt. Adv. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/02/2026 1. This is the 8rst bail application 8led under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 263/2025 registered at Police Station- Churiya, District- Rajnandgaon (C.G.), for the o=ence punishable under Section 305(a), 331(4) and 3(5) of Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, the complainant Shyam Sundar Sahu, appeared at Police Outpost Chichola and submitted a written KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 complaint stating that he has been running a shop in the name of “Shri Ram Jali Tar” for the last 9–10 years. On 29.10.2025 at about 7:00 PM, he closed his shop after completing the day’s business and kept approximately ₹1,20,000 /- being the day’s sale proceeds in the shop locker (cash box). During the night, between 12:30 AM and 1:30 AM, some unknown thieves broke open the shop lock and committed theft of the said cash amount. The faces of the suspected persons were visible in the CCTV cameras installed in the shop. On the basis of the said written complaint, Crime No. 0/2025 was initially registered at Outpost Chichola under Sections 305(a), 331(4), and 3(5) of the Bharatiya Nyaya Sanhita (BNS) and was forwarded to Police Station Chhuria for assignment of the main crime number. Accordingly, at Police Station Chhuria, Crime No. 263/2025 was registered under the aforesaid sections, and investigation was commenced. During investigation, statements of the complainant and witnesses were recorded and a spot map of the place of occurrence was prepared. In the course of tracing the unknown accused persons, assistance was taken from the Cyber Cell, Rajnandgaon. On the basis of mobile tower dump location data and CCTV footage, accused Chandraprakash, Toofan Sahu, and Uttam Sahu were taken into custody and interrogated. Based on their memorandum statements, seizure proceedings were carried out in the case. The accused persons were formally arrested, arrest memos were prepared and upon completion of the entire investigation, the charge-sheet has been 8led before the competent 3 Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and he has not committed any act that would justify his conviction under the alleged sections. There is no direct evidence connecting the applicant with the alleged o=ence and the entire prosecution case is based merely on suspicion and conjectures. No recovery of the alleged stolen amount has been made from the possession of the present applicant and there is no legally admissible material establishing his involvement in the commission of the alleged o=ence. He further submits that the applicant has been in judicial custody since 18.11.2025 and his further detention is not required for the purpose of investigation or trial as the charge-sheet has already been 8led and the investigation is completed. The applicant has no criminal antecedent and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail. 4. Learned State counsel opposes the prayer for grant of bail and submits that the charge-sheet has already been 8led before the competent Court. It is further submitted that although the applicant has no criminal antecedents, a recovery of ₹5,000/- has been made from his possession during the investigation. Therefore, considering the said recovery and the nature of the allegations, the applicant is 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, 4 nature and gravity of o=ence levelled against the applicant and the recovery made from him and further the fact that in the present case, charge-sheet has been 8led before the competent Court and the applicant has no criminal antecedent and he is in jail since 18.11.2025, the conclusion of the trial will take some more time, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the applicant – Uttam Sahu, involved in Crime No. 263/2025 registered at Police Station- Churiya, District- Rajnandgaon (C.G.), for the o=ence punishable under Section 305(a), 331(4) and 3(5) of Bhartiya Nyaya 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 8le an undertaking to the e=ect that he shall not seek any adjournment on the dates 8xed 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 8xed, either personally or through his counsel. In case of his absence, without su1cient 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 5 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 8xed 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 8xed 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 su1cient 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. O1ce is directed to send a certi8ed copy of this order to the trial Court for necessary information and compliance. dirurt fo forthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal