1 2026:CGHC:19670 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2757 of 2026 1 - Anmol Khatik S/o Sanoj Khatik, Aged About 20 Years, Caste-Khatik, R/o Ward No. 03, Manendragarh, Police Station And Tahsil- Manendragarh, District- Manendragarh-Chirmiri- Bharatpur (C.G) 2 - Rahul Rajak S/o Shri Parmeshwar Rajak Aged About 22 Years, Caste Dhobi R/o Ward No. 5 Manendragarh, Police Station And Tahsil- Manendragarh, District- Manendragarh-Chirmiri- Bharatpur (C.G) ... Applicants versus State Of Chhattisgarh Through Officer-In- Charge,, Police Station- Manendragarh, District- Manendragarh- Chirmiri- Bharatpur (C.G.) ... Respondent For Applicants : Shri Hemant Kumar Agrawal, Advocate. For Respondent/State : Smt. Smriti Shrivastava, 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 applicants who have been arrested in connection with Crime GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.29 13:07:58 +0530 2 No.24/2026 registered at Police Station Manendragarh, District- Manendragarh Chirmiri-Bharatpur (C.G.) for the offence punishable under Sections 331(4), 305(A), 3(5) of the BNS (corresponding section 457, 380, 34 of the IPC). 2. Case of the prosecution, in brief, is that the complainant reported at the Police Station that on 21.01.2026 at about 9:00 o'clock, some unknown persons have stolen 8 batteries from Government Primary School, Chanwaridand, Police Station Manendragarh, District MCB (C.G.). On 06.02.2026, an FIR was registered against the unknown persons under Sections 331(4) and 305(a) of the BNS. After completion of the investigation, a chargesheet has been filed under Sections 331(4), 305(A), and 3(5) of the BNS. 3. Learned counsel for the applicants submitted that the applicants are innocent and they have falsely been implicated in this case. He would submit that FIR was registered against unknown persons. He would submit that co-accused namely Kirtan Kenwat has been granted bail by this Court on 06/04/2026 vide MCRC No.3022/2026. He would submit that the charge sheet has been filed in this case, the applicants are in jail since 07/02/2026 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application but she do not dispute the fact that co-accused has been granted bail by this Court. She would submit that applicant No.1 has no criminal antecedents but applicant No.2 has two criminal antecedents. 5. I have heard learned counsel appearing for the parties and perused materials available on record. 3 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, materials available on record, further the fact that co-accused namely Kirtan Kenwat has been granted bail by this Court on 06/04/2026 vide MCRC No.3022/2026, period of detention of the applicants since 07/02/2026, 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 applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicants- Anmol Khatik & Rahul Rajak, involved in Crime No.24/2026 registered at Police Station Manendragarh, District- Manendragarh Chirmiri-Bharatpur (C.G.) for the offence punishable under Sections 331(4), 305(A), 3(5) of the BNS (corresponding section 457, 380, 34 of the IPC), be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. 4 (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them 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