1 2026:CGHC:20268 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2851 of 2026 • Rohit Sarathi S/o Pintu Sarathi Aged About 19 Years R/o Indiara Nagar, Ward No. 01 Lailunga, District Raigarh (CG) ... Applicant(s) versus • State of Chhattisgarh Through- Station House Officer, Police Station- Pusour, District Raigarh (CG) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Ashutosh Mishra, Advocate For Respondent(s) : Ms. Ritika Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.04.2026 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. 180/2025, registered at Police Station – Pusour, District – Raigarh (C.G.) for the offence punishable under Sections 303(2), 112(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, in brief is that, on 12.06.2025 a report was made by the complainant that some unknown person has committed theft of a motorcycle bearing No. CG-13AE 2563 VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.01 17:39:14 +0530 2 amounting Rs.15,000/- from the market of Chikhali. Thereafter, FIR was registered against the unknown persons. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He also submits that the FIR was registered against the unknown persons and the name of the present applicant has been implicated later during investigation without any reliable or independent evidence. It is further contended that there are three criminal antecedents registered against the present applicant and details of the same are mentioned in the bail application at paragraph No.4(a). It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 22.09.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are three criminal antecedents registered against the present applicant and details of the same are mentioned in the bail application at paragraph No.4(a), and the charge-sheet has been filed in this case. It is further submitted that theft motor cycle has been seized from the possession of present applicant therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of 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 charge-sheet has been filed against the applicant, the applicant is in jail since 22.09.2025 and conclusion of the trial is 3 likely to take some time, I am inclined to allow this application. 7. Let applicant, Rohit Sarathi, involved in Crime No.180/2025, registered at Police Station – Pusour, District – Raigarh (C.G.) for the offence punishable under Sections 303(2), 112(2) of the Bharatiya Nyaya Sanhita, 2023 (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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali