1 2026:CGHC:12671 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2475 of 2026 Khevendra Das Manikpuri S/o Pritam Das Manikpuri Aged About 19 Years R/o Near Chota Pani Tanki, Talab Para, Tekari Mandhar, Police Station Vidhansabha, District -Raipur (Chhattisgarh) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Pandri Mowa, Raipur, District – Raipur (C.G.) ---- Non-applicant For Applicant : Mr. Sunil Verma, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.03.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 77/2025, registered at Police Station – Pandri Mowa, Raipur, District – Raipur (C.G.) for the offence punishable under Section 303(2) of the BNS. 2. The case of the prosecution, is that on 31.07.2025, the main accused Sandeep Sahu allegedly called the applicant asked him to accompany him on his motorcycle, the applicant, being a friend and without any criminal intention accompanied him. Later, the motorcycle was allegedly stolen from Shankar Nagar, Post Office Area, on the basis of said information, the crime was registered. During the interrogation of RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 the arrest, the Police recorded a memorandum statement of the co- accused, on the basis of the same, the Police arrested the applicant with respect to the crime in question. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is one criminal antecedent of the applicant, and the name of the applicant has come into light from the memorandum statement of the co-accused, and no such recovery has been made from the possession of the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 24.01.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is one criminal antecedent of the applicant, the charge-sheet has been filed in this case, and the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is one criminal antecedent of the applicant, and the name of the applicant has come into light from the memorandum statement of the co-accused, and no such recovery has been made from the possession of the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 24.01.2026 and 3 conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Khevendra Das Manikpuri, involved in Crime No. 77/2025, registered at Police Station – Pandri Mowa, Raipur, District – Raipur (C.G.) for the offence punishable under Section 303(2) of the 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 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 4 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 Rajshekhar