1 2026:CGHC:2197 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 457 of 2026 Ashok Yadav S/o Shri Shatruhan Yadav Aged About 42 Years R/o Village Semariya, P.S. Mulmula, Distt. Janjgir Champa, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House O昀케cer, P.S. Dharsiwa, Raipur, District- Raipur, Chhattisgarh. ... Non-applicant For Applicant : None For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.01.2026 1. None appears on behalf of learned counsel for the applicant to press this bail application. The applicant is in jail since 24.11.2025, hence this Court proceeds to consider and disposed of this bail application with the assistance of learned State counsel. 2. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 499/2025, registered at Police Station : Dharsiwa, Raipur, District- Raipur (C.G.) for the o昀昀ence punishable under Sections 331, 305 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 3. The case of the prosecution, in brief, is that the complainant lodged a report at the concerned police station alleging that on the date of the incident, unknown persons unlawfully entered the premises of Godawari Power and Ispat Limited and committed theft of approximately 18 tons of sponge iron belonging to the said company. On the basis of the said complaint, the police registered an o昀昀ence under Sections 331, 305 and 3(5) of the Bharatiya Nyaya Sanhita against the main accused Ajay Singh and other unknown persons. During the course of investigation, the present applicant was arrested on the basis of the memorandum statement of the main accused Ajay Singh. Hence, the present bail application. 4. Learned State counsel submits that the charge-sheet has already been 昀椀led before the competent Court. He further submits that though the co-accused, namely Ajay Singh, has been granted bail by this Court vide order dated 02.01.2026 passed in MCRC No. 9060/2026, he was merely a driver of the company. In contrast, the present applicant is an employee of the said company and, therefore, occupies a position of trust, which prima facie indicates his involvement in the commission of the o昀昀ence. Therefore, he is not entitled for grant of bail. 5. I have heard learned State counsel and perused the case-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 though the co-accused, namely Ajay Singh, has been 3 granted bail by this Court vide order dated 02.01.2026 passed in MCRC No. 9060/2026, he was a driver of the company and the present applicant is an employee of the said company, but the present applicant has no criminal antecedent, the charge-sheet has been 昀椀led before the competent Court and he is in jail since 24.11.2025 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 the applicant, Ashok Yadav, involved in Crime No. 499/2025, registered at Police Station : Dharsiwa, Raipur, District- Raipur (C.G.) for the o昀昀ence punishable under Sections 331, 305 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall 昀椀le an undertaking to the e昀昀ect that he shall not seek any adjournment on the dates 昀椀xed 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 昀椀xed, either personally or through his counsel. In case of his absence, without su昀케cient 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 4 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 昀椀xed 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 昀椀xed 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 su昀케cient 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. O昀케ce is directed to provide a certi昀椀ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan