1 2026:CGHC:4411 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 856 of 2026 Kishan Sahu S/o Dashrath Sahu Aged About 21 Years R/o Chuna Bhatti, Kashi Kirana Ke Pass, Raipur, District Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Police Station Gudiyari, District Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Vikas Kumar Pandey, Advocate. For Respondent(s) : Mr. Saurabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/01/2026 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. 477/2025 registered at Police Station Gudiyari, District Raipur (C.G.) for the offence punishable under Sections 305(a), 3(5) of BNS. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 07.11.2025 at about 8:46 P.M., the complainant namely Nitesh Rajput lodged an oral report at Police Station Gudiyari, District Raipur (C.G.), alleging that on 06/11/2025, while attending a marriage ceremony at a marriage hall, some unknown person committed theft of one mobile phone and cash amounting to Rs. 1,00,000/-. On the basis of the said report, the police registered an FIR against unknown accused persons. During the course of investigation, the police arrested the present applicant and implicated him in the alleged offence. Consequently, an offence under Section 305(a) of the Bharatiya Nyaya Sanhita (B.N.S.) Act has been registered against the applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that no seizure of any incriminating article has been effected from the possession of the applicant, nor has any material been recovered which could in any manner link the applicant with the alleged offence in the present case. The applicant is in jail since 10.11.2025, the applicant has only one criminal antecedent of the year 2025 under the BNS, which is pending against him, further the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail 3 application and submits that the charge-sheet has been filed in the present case. He further submits that the allegation against the applicant is that he committed theft of one mobile phone and case amounting to Rs.1,00,000/- from a marriage hall on 06.11.2025, further there is seizure of one mobile phone and cash amount of Rs.4,200 has been made from him, which shows the involvement of applicant in the present case. So far as criminal antecedent of the applicant is concerned, applicant has one criminal antecedent of the year 2025 under the BNS, therefore the applicant is not entitled for grant of bail.. 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 and gravity of offence, period of detention of the applicant since 10.11.2025, the fact that though the applicant is alleged to have committed theft of one mobile phone and case amounting to Rs.1,00,000/- from a marriage hall, but considering the fact that the applicant has only one criminal antecedent, which is of the year 2025 under the BNS, further the charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Kishan Sahu, involved in Crime No. 477/2025 registered at Police Station Gudiyari, District Raipur (C.G.) for the 4 offence punishable under Sections 305(a), 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 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 5 accordance with law. 9. 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 Akhil