1 2026:CGHC:18971 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3771 of 2026 Prakash Jangde Son Of Late Sevakram Jangde Aged About 31 Years Resident Of Village Godhi T., Police Station Bhatapara Gramin, District- Balodabazar- Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Station House Officer, Police Of Police Station Bhatapara Gramin, District- Balodabazar- Bhatapara (C.G.) ...Non-applicant For Applicant : Mr. Anil Kumar Gulati, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 24.04.2026 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. 757/2025 registered at Police Station – Bhatapara Gramin, District- Balodabazar- Bhatapara (C.G.), for the offences punishable under Sections 331(1) & 305(A) of the BNS 2023. 2. Case of the prosecution, in brief, is that on 01-12-2025, the FIR was VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.25 11:45:04 +0530 2 lodged by complainant Balbhadra Verma and it was alleged in the FIR that on 01-12-2025 in the morning, he went to village Silwa for the purposes of painting and his wife also left the house by locking the house and went to Government Primary Middle School Kotmi for preparing the food and at about 2.30 PM, when the wife came to the house, she saw that lock was broken from outside and the lock of Almirah was also broken and it was found that golden and silver ornament and one keypaid mobile (total value of the stolen article Rs.48000/-) and cash amount of Rs.2,000/- has been stolen by unknown person. On the basis of FIR lodged by the complainant, the police started the investigation and during the course of investigation, the police recorded the memorandum statement of one Shekhar Tandon in respect of Crime No.14/2026 on 23-01-2026, in which he stated that he along with the other co-accused persons involved in the commission of offence of theft and he also admitted the theft in the present crime in question. On the basis of memorandum statement of Shekhar Tandon, the memorandum statement of Shekhar Tandon was recorded in respect of Crime No.757/2025 and subsequently the memorandum statement of present applicant was recorded and from the possession of applicant, one silver ornaments and one golden locket was seized and subsequently the applicant has been arrested for the commission of alleged offences. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that a false seizure memo has been prepared by the police with an intention to falsely implicate the applicant, and the applicant is confident that he will ultimately be acquitted of the 3 charges. It is also submitted that the charge sheet has already been filed and the applicant has been in judicial custody since 12.01.2026, and as the trial is likely to take considerable time for its conclusion, his continued detention is unwarranted. The applicant, therefore, prays that this Hon’ble Court may kindly be pleased to grant him regular bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the applicant has four 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, and further taking into account the period of detention, as the applicant has remained in judicial custody since 12.01.2026, and that the charge-sheet has not yet been filed and the conclusion of the trial is likely to take considerable time, this Court is inclined to grant regular bail to the present applicant. 7. Let the Applicant – Prakash Jangde Son, involved in Crime No. 757/2025 registered at Police Station – Bhatapara Gramin, District- Balodabazar- Bhatapara (C.G.), for the offences punishable under Sections 331(1) & 305(A) of the 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 4 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 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