1 2026:CGHC:7586 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1219 of 2026 Bankim Mandal S/o Sudam Mandal Aged About 30 Years R/o Village- Mahrajpur, Police Station- Taljhadi, District- Sahebganj (Jharkhand) ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station - Janjgir, District - Janjgir-Champa (C.G.) ... Non-Applicant For Applicant : Varunendra Mishra, Advocate. For Non-Applicant/State : Mr. Saumya Rai, Deputy Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 11.02.2026 1. This is the Second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 586/2023 registered at Police Station - Janjgir, District - Janjgir-Champa (C.G.), for the offence punishable under Sections 379, 420/34, 201 of Indian Penal Code. 2. As per the prosecution story, is that the applicant, along with other co-accused persons, stole the mobile phone of the complainant, namely Ratan Singh Kshatriya, transferred money from his account, and later discarded the SIM card. Hence, the aforesaid offence was registered. 3. Learned counsel for the applicant submits that the applicant is innocent PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.02.12 15:21:43 +0530 2 and has been falsely implicated in the present case. He further submits that although the first bail application was dismissed on merits by this Court vide order dated 15.05.2025 passed in MCRC No. 3865/2025, as regards the status of the trial, out of 25 prosecution witnesses, 15 witnesses have already been recorded. The applicant has been in custody since 09.12.2024, and the trial is likely to take some more time to conclude. So far as the criminal history is concerned, the applicant has six previous criminal antecedents, however, in all those cases, he has been acquitted. It is further submitted that the charge-sheet has already been filed. Therefore, learned counsel prays that the applicant be enlarged on bail 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed. He further submits that the first bail application was dismissed on merits by this Court vide order dated 15.05.2025 passed in MCRC No. 3865/2025, and the applicant has six previous criminal antecedents. Hence, he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of allegation made against the applicant and the fact that the applicant although the first bail application was dismissed on merits by this Court vide order dated 15.05.2025 passed in MCRC No. 3865/2025, as regards the status of the trial, out of 25 prosecution witnesses, 15 witnesses have already been recorded, the applicant has been in custody since 09.12.2024, and the trial is likely to take some more time to conclude, so far as the criminal history is concerned, the applicant has six previous criminal antecedents, however, in all those cases, he has been acquitted, further the charge-sheet has already been filed, this Court 3 is of the view that the applicant is entitled to be released on bail. 7. Accordingly, the Second bail application is allowed. Let the applicant - Bankim Mandal, involved in Crime No. 586/2023 registered at Police Station - Janjgir, District - Janjgir-Champa (C.G.), for the offence punishable under Sections 379, 420/34, 201 of Indian Penal Code, be released on bail on his furnishing a personal bond with two local sureties in the like amount 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 their counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of BNS. (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 BNS. (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. However, this Court hope and trust that the trial Court shall make an 4 earnest endeavour to conclude the trial within a period of four months from the date of receipt of a certified copy of this order, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Preeti