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Chattisgarh High Court
Badal Das vs State Of Chhattisgarh on 10 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:11442
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2252 of 2026
Badal Das S/o Pramod Das Aged About 22 Years R/o Village - Kawai
( Sanna), Khajuritoli, P.S. - Sanna, District - Jashpur, Chhattisgarh., At
VAIBHAV
SINGH
Present - Village - Devgarh, P.S. And Tahsil - Sitapur District - Sarguja,
Digitally signed
by VAIBHAV
Chhattisgarh. ... Applicant
SINGH
Date: 2026.03.11
10:37:42 +0530
versus
State Of Chhattisgarh Through - S.H.O., P.S. - Balrampur, District -
Balrampur-Ramanujganj, Chhattisgarh. ...Non-applicant
For Applicant : Mr. Pushkar Sinha, Advocate.
For Non-applicant/State : Ms. Vaishali Mahilong, Dy. G.A.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
10.03.2026
1.
This is the first bail application filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the
applicant who has been arrested in connection with Crime No.
159/2025 registered at Police Station - Balrampur, District -
Balrampur-Ramanujganj (C.G.), for the offences punishable under
Sections 305, 331(4), 317(2), 317(4), 317(5), 3(5), 111 of the BNS.
2. The case of the prosecution, in brief, is that he complainant Ajay
Kumar Soni was the owner of jewelry shop where gold and silver
ornaments were also manufactured. In the intervening night of
31/10/2025 by unknown person after broken the shutter of the shop
committed theft of gold and silver ornaments and cash amount
Rs.75,000/- from the shop. On the basis of complaint offence U/s-
305, 331 (4) of B.N.S has been registered and during investigation
317 (2), 317 (4), 317 (5), 3 (5), 111 of B.N.S has been added and the
applicant and has been arrested by Police of Police Station-
Balrampur, on 09/11/2025 and since he is in jail.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the present case. It is
contended that there is no evidence on record to show the
involvement of the applicant in the commission of the alleged offence
and that the applicant has been implicated only on the basis of the
memorandum of the co-accused; moreover, no incriminating article
has been seized from the possession of the applicant. It is further
submitted that the only allegation against the applicant is that he acted
as a mediator between the accused who allegedly sold the stolen
articles and the co-accused who purchased them. Learned counsel
also submits that a co-accused has already been granted bail by this
Hon'ble Court in MCRC No. 221/2026 and the case of the present
applicant stands on similar footing. It is further submitted that the
applicant is about 22 years of age and has been in judicial custody
since 09.11.2025, the charge-sheet has already been filed, the offence
is triable by the JMFC, and the final disposal of the case is likely to
take considerable time. It is also submitted that the applicant is a
permanent resident of the address mentioned in the cause title and
there is no likelihood of his absconding or tampering with the
prosecution evidence. The applicant is ready and willing to abide by
all the conditions that may be imposed by this Hon'ble Court while
granting bail.
4. On the other hand, learned State Counsel opposes the bail application
of the present applicant and submits that the charge-sheet has
already been filed in the present case and that the applicant has one
previous criminal antecedent, therefore, he is not entitled to the grant
of regular bail.
5. I have heard learned counsel for the parties and perused the case
diary.
6. Considering the facts and circumstances of the case, the nature and
gravity of the allegations levelled against the applicant, and further
taking into account that the charge-sheet has already been submitted
before the competent Court, that the co-accused namely Roshan Soni
has already been granted bail by this Hon'ble Court in MCRC No.
221/2026 vide order dated 24.02.2026, and that the applicant has
remained in jail since 09.11.2025 and the conclusion of the trial is
likely to take some time, this Court is inclined to grant regular bail to
the present applicant
7. Let the Applicant - Badal Das, involved in Crime No. 159/2025
registered at Police Station - Balrampur, District - Balrampur-
Ramanujganj (C.G.), for the offences punishable under Sections 305,
331(4), 317(2), 317(4), 317(5), 3(5), 111 of the BNS, be released on
bail on his furnishing 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 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 his 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.
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
Vaibhav
