1 2026:CGHC:110 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9460 of 2025 Karan Singh Gond S/o Santosh Gond, Aged About 20 Years R/o Village Balaoda, Ward No. 04, P.S. Balaoda, District Janjgir Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Balaoda, District Janjgir Champa (C.G.) ... Non-applicant For Applicant : Mr. Krishna kumar Prajapati, Advocate. For Non-applicant/State : Mr. Dharmesh Shrivastava, Dy. A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.01.2026 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. 440/2025, registered at Police Station - Balaoda District – Janjgir – Champa (C.G.) for the offence punishable under Sections 331(4), 305(A) & 3(5) of the BNS. 2. The prosecution story in brief, is that on 05/11/2025 the complainant Satish Kumar Dewangan lodged First Information Report at Police VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.03 11:19:22 +0530 2 Station Balaoda stated is that at about 10:30 P.M. after taking meal they were sleeping then at about 01:45 'O Clock, the complainant's daughter Janvi suddenly shouted "Chor!-Chor!" then the complaint woken up. Then an unknown person climbed the stairs and jumped from the ceiling and ran away. Another person who was standing outside the house below also ran away. When they searched their room and looked, they found the total of Rs. 22,000/- was stolen. Thereafter, the First Information Report lodged against the applicant and one another co-accused. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. It is further submitted that the present applicant has been implicated solely on the basis of the memorandum and seizure recorded by the police, and the memorandum statement was obtained under pressure, compelling the applicant to sign the same. The prosecution has not filed the challan till date and the trial is likely to take considerable time therefore, the applicant prays that his bail application be considered and he be enlarged on bail during the pendency of the trial. It is also submitted that the recovery of Rs. 2,000/- from the possession of the applicant is insignificant and is an amount commonly carried by any ordinary person and does not connect the applicant with the alleged offence. The offences are triable by a Magistrate, and the applicant has been in judicial custody since 07.11.2025, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case- 3 diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no previous antecedents and also considering the fact that the charge-sheet has been filed and he has been in jail since 07.11.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Karan Singh Gond, involved in Crime No. 440/2025, registered at Police Station - Balaoda District – Janjgir – Champa (C.G.) for the offence punishable under Sections 331(4), 305(A) & 3(5) of the BNS, 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav