1 2026:CGHC:19669 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2758 of 2026 Vimal Kaushik S/o Harishchand Kaushik Aged About 30 Years R/o Village- Tilai, Police Station- Janjgir, District- Janjgir-Champa, Chhattisgarh (Particulars Of The Applicant Is Mentioned Correctly) ... Applicant versus State Of Chhattisgarh Through- Police Station- Kasdol, District- Balodabazaar-Bhatapara (C.G.) ... Respondent For Applicant : Shri Anmol Sharma, Advocate. For Respondent/State : Ms. Ritika Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/04/2026 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.688/2025 (Wrongly mentioned year as 2024 in order impugned in some places) registered at Police Station Kasdol, District- Balodabazaar-Bhatapara (C.G.) (As per Charge sheet) for the offence punishable under Sections 331(3), 305(a), 3(5) of BNS (As per Chargesheet) (Wrongly mentioned in order impugned). GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.29 13:07:59 +0530 2 2. Case of the prosecution, in brief, is that on 21.11.2025 complainant Amrit Bai Kewat, lodged a written complaint to Police Authorities stating that on 21.11.2025 when she went to field and her grand daughter went to school at that point of time some unknown persons have entered in her house and has committed theft of cash and silver jewelries from her almirah worth Rs.32,200. Accordingly the police authorities lodged FIR and on basis of suspicion the present applicant was caught by the villagers, handed over to police upon memorandum statement the applicant narrated the story and the silver jewelries and cash was recovered near a canal which is an open place. The accused person were arrested and after completion of investigation, the police authorities have filed chargesheet for the offence as mentioned above in the application against present applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case and he was arrested only on the basis of suspicion and that too on suspicion raised by the villagers and the alleged recovery is from open place and the same does not belong to the present applicant. He would submit that from the possession of the present applicant there is no seizure of any incriminating articles and only the jewelries & cash has been seized that too from open place. He would submit that mother of the present applicant is suffering from the old age ailment and the present applicant is the sole earning member of the family to cater her medical needs as there is no one to look after her. He would submit that the applicant has three criminal antecedents, out of which one case is disposed of and two cases are pending. He would submit that charge sheet has been filed in this 3 case, the applicant is in jail since 22/11/2025 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. She would submit that the applicant has three criminal antecedents, out of which one case is disposed of and two cases are pending. 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, submission of learned counsel for the parties, materials available on record, nature of allegation levelled against the applicant, period of detention of the applicant since 22/11/2025, 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- Vimal Kaushik, involved in Crime No.688/2025 (Wrongly mentioned year as 2024 in order impugned in some places) registered at Police Station Kasdol, District- Balodabazaar-Bhatapara (C.G.) (As per Charge sheet) for the offence punishable under Sections 331(3), 305(a), 3(5) of BNS (As per Chargesheet) (Wrongly mentioned in order impugned), 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 4 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 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) gouri CHIEF JUSTICE