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Chattisgarh High Court
Bambam Shah vs State Of Chhattisgarh on 25 February, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
2026:CGHC:9856
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1562 of 2026
Bambam Shah S/o Shyam Prasad Aged About 51 Years R/o Lakshmipur,
District- Katihar (Bihar)
... Applicant
versus
State of Chhattisgarh Through The Station House Officer, P.S. Jagdalpur,
District- Bastar (C.G.)
... Non-Applicant
For Applicant : None.
For Non-Applicant/State : Dr. Sourabh Pandey, Deputy Advocate General.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
Digitally
signed by
PREETI
25.02.2026
PREETI KUMARI
KUMARI Date:
2026.02.25
16:22:50
+0530 1. None appears on behalf of the applicant to press this application when the
case is called out, however, with the assistance of the learned State
counsel, this Court proceeds to hear and decide this bail application.
2. 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 Station - Jagdalpur, District- Bastar, (C.G.) for the
offence punishable under Sections 318(4), 3(5), 336(3), 336(4), 338 and
340(2) of Bharatiya Nyaya Sanhit, 2023.
3. As per the prosecution story, in brief, the complainant lodged an FIR
against unknown persons alleging that on 30.06.2025 at about 1:00 PM,
two individuals came to his house. Under the pretext of cleaning utensils
as well as gold and silver items, they fraudulently took gold jewellery
belonging to his sister, Jaya Jain, and fled from the spot. On the basis of
the complaint, a crime under Sections 318(4) and 3(5) of the BNS was
registered against the unknown accused, and investigation was initiated.
At the time of the incident, the complainant was away from home. His
younger sister, Jaya Jain, informed him over the phone that at
approximately 1:05 PM, two men came to their house promoting a
product for cleaning and polishing utensils. They were wearing shirts and
pants and stated that they had come to promote their utensil-cleaning
product. They asked to see the household utensils and cleaned the
utensils that were given to them. Thereafter, they stated that they also
clean gold and silver items. Upon hearing this, Jaya Jain gave them three
gold bangles and one gold ring from the house for cleaning. The two men
placed all the gold items inside a tiffin box and asked her to heat the
closed tiffin box. She took the tiffin box to the gas stove and heated it as
instructed. After some time, when she opened the tiffin box, the gold
bangles and ring were missing. When she went outside to look for the two
men, she found that they had fled on a red and black motorcycle. The
approximate value of the stolen gold bangles and ring is Rs.1,50,000/-.
4. It has been pleaded in the bail application that the applicant is innocent
and has been falsely implicated in this case. The applicant has three
previous criminal antecedents of the similar nature in which he is on bail.
The applicant is in jail since 12.08.2025 and trial is likely to take quite
long time for its conclusion, therefore, he prays for grant of bail.
5. The learned State counsel opposes the bail application of the applicant
and submits that the charge-sheet has been filed. He further submits that
the applicant has three previous criminal antecedents of the similar
nature, hence he is not entitled for grant of bail.
6. I have heard learned counsel for the parties and perused all of the
documents available on record.
7. Taking into consideration the facts and circumstances of the case, the
nature and gravity of the allegations levelled against the applicant, and the
fact that the applicant has three previous criminal antecedents of the
similar nature in which he is on bail, and the applicant is in jail since
12.08.2025, the charge-sheet has been filed in this case, and the
conclusion of the trial is likely to take some time, this Court is of the view
that the applicant is entitled to be granted regular bail in this case on the
ground of parity.
8. Accordingly, the bail application is allowed. Let applicant -
Bambam Shah, involved in Crime No. 242/2025, registered at Police
Station - Jagdalpur, District- Bastar, (C.G.) for the offence punishable
under Sections 318(4), 3(5), 336(3), 336(4), 338 and 340(2) of Bharatiya
Nyaya Sanhit, 2023, be released on bail on his furnishing a personal
bond with two local 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 she 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 her
counsel. In case of her absence, without sufficient
cause, the trial court may proceed against her under
Section 269 of Bharatiya Nyaya Sanhita.
(iii) In case, the applicant misuses the liberty of bail
during trial and in order to secure her 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 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 her in accordance with law.
9. 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
Preeti
