1 2026:CGHC:20520 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3002 of 2026 Roshan Giri Goswami S/o Raju Giri Goswami Aged About 19 Years R/o Near Hardaul Mandir, Chana Murra Gali Gondpara, Police Station- City Kotwali, District- Bilaspur (Cg) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station- City Kotwali, District- Bilaspur (Cg) ... Respondent For Applicant : Mr. A.D. Kuldee, Advocate For State/ Respondents : Ms. Ritika Verma, P.L. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.05.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.436/2025, registered at Police Station – City Kotwali, District Bilaspur (C.G.) for the offence punishable under ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.05.02 11:25:57 +0530 2 Sections 305(A), 331(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. That, as per the prosecution case, in brief, the complainant, Vijay Poptani, proprietor of ‘Jai Maa Santoshi Mobile’, Gondpara, Bilaspur, lodged a written complaint stating that on 19.08.2025 at about 8:45 PM he closed his shop and went home, and on the next day i.e., 20.08.2025 at about 11:00 AM, upon opening the shop, he found that unknown persons had committed theft of ₹9,000/- in cash and 8 mobile phones. On the basis of the said complaint, the police registered the offence against unknown persons. During the course of investigation, the present applicant was arrested in connection with the said crime. After completion of investigation, the police have filed the charge- sheet against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, and has neither committed nor participated in the alleged offence. It is submitted that the FIR was initially registered against unknown persons and the applicant has been implicated solely on the basis of memorandum statement, which does not inspire confidence. It is further submitted that the evidence 3 collected by the prosecution does not disclose any prima facie case against the applicant. The applicant is in custody since 24.08.2025 and the trial is likely to take considerable time for its conclusion, and as the charge-sheet has already been filed. The applicant is a permanent resident with no likelihood of absconding and is ready to abide by all conditions imposed by this Hon’ble Court. It is also submitted that though there are four criminal antecedents registered against the applicant, the details whereof are mentioned in the covering memo, the same do not disentitle him from grant of bail, therefore, he prays for grant of bail. 4. Per contra, learned State counsel opposes the prayer for bail and submits that the applicant is involved in the alleged offence and the material collected during investigation discloses a prima facie case against him. It is further submitted that the applicant has been implicated not only on the basis of memorandum statement but also on the basis of other incriminating material collected during investigation. It is also submitted that the applicant has four previous criminal antecedents, which reflect his criminal propensity, and there is likelihood of his indulging in similar offences or tampering with prosecution evidence if released on bail. Hence, the application deserves to be rejected. 4 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Considering the facts and circumstances of the case, the nature of allegations, the role attributed to the applicant, and the fact that the case is primarily based on documentary and circumstantial evidence, coupled with the fact that the applicant is in custody since 24.08.2025 and the trial is likely to take considerable time for its conclusion, this Court is of the view that further custodial detention of the applicant is not warranted. Although the applicant has four criminal antecedents, considering the overall facts and circumstances of the case, this Court is inclined to allow the present application. 7. Let applicant, Roshan Giri Goswami involved in Crime No.436/2025, registered at Police Station – City Kotwali, District Bilaspur (C.G.) for the offence punishable under Sections 305(A), 331(4) 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 5 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. 6 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Arpan