[Cites 6, Cited by 0]
Chattisgarh High Court
Shailesh Singh Chouhan vs State Of Chhattisgarh on 13 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12130
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
GOURI MCRC No. 1280 of 2026
MUDALIAR
1 - Shailesh Singh Chouhan S/o Surendra Singh Chouhan Aged About 21
Digitally signed by
GOURI MUDALIAR Years R/o Lalkhadan, Pariyapara, Torwa, Police Station Torwa, District
Date: 2026.03.16
12:25:27 +0530 Bilaspur, C.G.
2 - Kushal Pasi S/o Mukesh Pasi Aged About 19 Years R/o Lalkhadan,
Pariyapara, Torwa, Police Station Torwa, District Bilaspur, C.G.
... Applicants
versus
State Of Chhattisgarh Through- Station House Officer, Police Station Torwa,
District- Bilaspur, C.G.
... Respondent
For Applicants : Shri Rahul Goswami, Advocate.
For : Shri Sourabh Sahu, PL.
Respondent/State
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
13/03/2026
1. This is the first bail application filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular
bail to the applicants who have been arrested in connection with Crime
No.531/2025 registered at Police Station Torwa, District- Bilaspur,
C.G. for the offence punishable under Sections 331(4), 305 (A) of
B.N.S.
2. Case of the prosecution, in brief, is that on 26.11.2025, the
complainant Ashish Singh Thakur informed the Police Station Torwa
that on 22.11.2025, due to the death of his father-in-law, he had locked
his house and gone to amalai with his family on 24.11.2025, when he
returned after dropping his wife and children, he saw that the front door
of his house was open. When he went inside the house he found the
cupboard door broken and the contents stolen and all other items
thrown away. The thieves had made off with gold and silver jewellery
and Rs.50,000/- in cash from his house. Based on the above
information, a case was registered under Section 331 (4), 305 (A) of
the Indian Penal Code at Torwa Police Station, Bilaspur taken into
consideration.
3. Learned counsel for the applicants submits that the applicants are
innocent and they have been falsely been implicated in this case and
the police did not conduct proper enquiry about the incident for
registering FIR against the applicants. He would submit that the police
has not seized any article from the possession of the applicants and
the allegation made by the complainant is false and baseless against
applicants. He would submit that the charge sheet has been filed in this
case, the applicants are in jail since 22/01/2026 and conclusion of trial
will take some time, therefore, he prays for grant of bail to the
applicants.
4. On the other hand, learned State Counsel opposes the bail application
and he would submit that charge sheet has been filed in this case
before the competent court. He would submit that from applicant No.1
Rs.5000/- has been seized and from applicant No.2 Rs.4800/- has
been seized. He would further submit that applicant No.1 has one
criminal antecedent and applicant No.2 has four criminal antecedents,
therefore they are not entitled to be released on bail.
5. I have heard learned counsel appearing for the parties and perused the
case diary.
6. Taking into consideration the facts and circumstances of the case,
nature of allegation levelled against the applicants, period of detention
of the applicants since 22/01/2026, charge sheet has been filed and
also considering the fact that trial is likely to take some time for its
conclusion, therefore this Court is of the view that the applicants are
entitled to be released on bail in this case.
7. Accordingly, the bail application is allowed and it is directed that the
Applicants- Shailesh Singh Chouhan & Kushal Pasi, involved in
Crime No.531/2025 registered at Police Station Torwa, District-
Bilaspur, C.G. for the offence punishable under Sections 331(4), 305
(A) of B.N.S., be released on bail on each of them furnishing a
personal bond with two sureties in the like sum to the satisfaction of
the Court concerned with the following conditions:-
(i) The applicants shall file an undertaking to the effect that they
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 applicants shall remain present before the trial court on
each date fixed, either personally or through their counsel. In
case of their absence, without sufficient cause, the trial court may
proceed against them under Section 269 of Bharatiya Nyaya
Sanhita.
(iii) In case, the applicants misuses the liberty of bail during trial
and in order to secure their 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 them, in accordance
with law, under Section 209 of the Bharatiya Nyaya Sanhita.
(iv) The applicants 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
applicants are 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 them in accordance with law.
8. Office is directed to send a certified copy of this order to the trial Court
for necessary information and compliance.
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
gouri
