[Cites 0, Cited by 0]
Chattisgarh High Court
Shivraaj Yadav vs State Of Chhattisgarh on 13 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12121
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
GOURI MCRC No. 1042 of 2026
MUDALIAR
Shivraaj Yadav S/o Bahorik Yadav Aged About 23 Years R/o Khamtarai, P.S.-
Digitally signed by
GOURI MUDALIAR Sarkanda, Tah. And District Bilaspur C.G.
Date: 2026.03.16
12:25:27 +0530 ... Applicant
versus
State Of Chhattisgarh Through Station House Officer, P.S.- Sarkanda, District
Bilaspur C.G.
... Respondent
For Applicant : Shri Leekesh Kumar, Advocate.
For : Ms. Ritika Verma, 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 applicant who has been arrested in connection with Crime
No.1645/2025 registered at Police Station Sarkanda, District Bilaspur
(C.G.) for the offence punishable under Sections 331(3), 305(A) & 3(5)
of the BNS.
2. Case of the prosecution, in brief, is that on 10.11.2025 the complainant
Prakash Yadav had gone to sleep at 01:00 in the night with his wife in
the house and the window door of the house was not closed. On the
morning of 11.11.2025, when he saw, the purse kept near the bed
which had Rs. 6000/ inside it, two mobile phones and Mangalsutra
worth Rs. 51,675/-were stolen by an unknown person. Then the
complainant filed complaint at Sarkanda police station and on the basis
of the complaint FIR was registered by the police for offence U/s 331(4)
305(a) of the BNS against unknown person. During the investigation of
crime number 1646/25 by the police Sarkanda, stolen mobile phones
of Motorola and Vivo companies, Rs. 2,500/- in cash and a gold
mangalsutra were seized from the accused and the accused was
arrested after he expressed in his memorandum statement that he had
committed theft by entering the complainant house through the window
along with Kunal Dhruv, a child in conflict with law.
3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. He would submit
that the alleged incident occurred on 10/11/2025, whereas the FIR was
lodged on 30/11/2025, after an unexplained delay of 18 days. He would
submit that the charge sheet has been filed in this case, the applicant
is in jail since 30/11/2025 and conclusion of trial will take some time,
therefore, he prays for grant of bail to the applicant.
4. On the other hand, learned State Counsel opposes the bail application
and she would submit that charge sheet has been filed in this case
before the competent court. She would submit that the applicant has
three criminal antecedents, out of which, two cases are pending and in
one case applicant has been acquitted which has been explained in
para 4A of the bail application.
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 applicant, period of detention
of the applicant since 30/11/2025, 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 applicant is
entitled to be released on bail in this case.
7. Accordingly, the bail application is allowed and it is directed that the
Applicant- Shivraaj Yadav, involved in Crime No.1645/2025
registered at Police Station Sarkanda, District Bilaspur (C.G.) for the
offence punishable under Sections 331(3), 305(A) & 3(5) of the 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 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
for necessary information and compliance.
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
gouri
