1 2026:CGHC:6381 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1254 of 2026 Suryakant Rajwade @ Surya S/o Roop Sai Rajwade Aged About 18 Years Profession- Student, R/o Bhuvaneswarpur, P.S. And Tehsil- Ramanujnagar, District : Surajpur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Gandhinagar, District : Surguja (C.G.) ... Respondent For Applicant : Shri Nishikant Sinha, Advocate. For Respondent/State : Ms. Palak Dwivedi, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/02/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.411/2025 registered at Police Station Gandhinagar, District Surguja (C.G.) for the offence punishable under Sections 331(4), 305(4), 3(5) of GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.05 14:23:46 +0530 2 BNS. 2. Case of the prosecution, in brief, is that on the basis of oral complaint by complainant that his motorcycle TVS Apache 160V bearing No. CG- 15/EB-6433 was stolen from his house on the intervening night of 19- 20.07.2025, an FIR was lodged against unknown person on 21/07/2025 at Gandhinagar police station under crime number 411/2025 under sections 331(4), 305 (A), 3 (5) BNS and during the investigation, the suspect Suryakant Rajwade and other juvenile boys were interrogated and on the basis of information given by them, the stolen motorcycle and the motorcycle used in the crime were recovered. Hence this offence. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and the entire prosecution story is based on an alleged oral complaint and subsequent disclosure statements of co-accused persons. He would submit that the seizure of the motorcycle from the applicant does not establish his involvement in the alleged theft. He would submit that the FIR was initially lodged against unknown persons, and the name of the applicant surfaced only during investigation, which creates serious doubt about the prosecution version. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 21/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. 3 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, nature of allegation levelled against the applicant, period of detention of the applicant since 21/07/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Suryakant Rajwade @ Surya, involved in Crime No.411/2025 registered at Police Station Gandhinagar, District Surguja (C.G.) for the offence punishable under Sections 331(4), 305(4), 3(5) of BNS, 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 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 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri