1 2026:CGHC:632 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1217 of 2026 Indrapal Sahu S/o Jeevanlal Sahu Aged About 23 Years R/o Village Nagoi Chowki Jatga Police Station And Tehsil Katghora District Korba (C.G.) ... Applicant versus State of Chhattisgarh Through Station House O/cer, Police Post Podi Bachra Police Station Baikunthpur District Korea (C.G.) ... Non-Applicant For Applicant : Mr. Sajal Kumar Gupta, Advocate. For Non-Applicant/State : Mr. Priyank Rathi, Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 04.02.2026 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. 242/2025, registered at Police Post Podi Bachra, Police Station – Baikunthpur, District – Korea (C.G.) for the o<ence punishable under Section 331(4), 305(E), 317(2), 112 and (3)5 of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution story, the complainant, Rishi Jaiswal, made a complaint stating that in the morning at around 8:00 a.m., when he reached his shop to resume work, he found that the lock of the shop had ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.02.06 11:09:01 +0530 2 been forcibly broken and rice and chickpeas were scattered outside the premises. Upon opening the shop and conducting a physical veriAcation of the stock, the complainant discovered that 5.22 quintals of rice and 13.10 quintals of chickpeas, valued at approximately Rs. 48,500/-, had been stolen by unknown persons. Based on the written report lodged by the complainant regarding the aforesaid incident, Crime No. 242/2025 was registered at Police Outpost, Podi Bachra, against unknown accused persons. During the course of investigation, on the basis of the memorandum statement of co-accused Ramprakash, the police alleged that accused Indrapal Sahu, along with co-accused Om Prakash, Vishnu Chauhan, Besahu Chauhan, Santosh Markam, and Dhanesh Sahu, had formed an organized gang and committed theft by breaking open the lock of the complainant’s ration shop. It is further alleged that on 17.09.2025, a memorandum statement of accused Indrapal Sahu was recorded at Jaynagar Police Station, District Surajpur, wherein he purportedly admitted his involvement in the theft of rice, gram, and other ration articles from various PDS shops, including the ration shop falling under Police Outpost, Podi Bachra. 3. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this case. He further submitted that there has been no recovery of stolen food grains, sale proceeds, or any incriminating article from the possession of the present applicant. It is also submitted that the co-accused, namely Ram Prakash, has been granted bail by the trail Court vide order dated 28.07.2025. Further, the applicant has 10 previous criminal antecedents, which have been explained in paragraph No. 4(a) of this bail application. It is also submitted that the charge-sheet has been Aled and that the applicant has been in judicial custody since 23.09.2025. As the trial is likely to take a 3 considerable time for its conclusion, learned counsel prays for grant of bail. 4. On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been Aled in the present case but could not dispute the fact that co-accused has been granted bail by the trial Court, further the applicant has 10 previous criminal antecedents, which have been explained in paragraph No. 4(a) of this bail application 5. I have heard learned counsel for the parties and perused 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 the co-accused, namely Ram Prakash, has been granted bail by the trail Court vide order dated 28.07.2025, further, the applicant has 10 previous criminal antecedents, which have been explained in paragraph No. 4(a) of this bail application, the charge-sheet has been Aled and he is in jail since 23.09.2025 and conclusion of the trial is likely to take some time, therefore, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let the applicant - Indrapal Sahu, involved in Crime No. 242/2025, registered at Police Post Podi Bachra, Police Station – Baikunthpur, District – Korea (C.G.) for the o<ence punishable under Section 331(4), 305(E), 317(2), 112 and (3)5 of Bharatiya Nyaya Sanhita, 2023, 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:- 4 (i) The applicant shall Ale an undertaking to the e<ect that he shall not seek any adjournment on the dates Axed 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 Axed, either personally or through his counsel. In case of his absence, without su/cient 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 Axed 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 Axed 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/cient 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. 5 8. O/ce is directed to send a certiAed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek