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Chattisgarh High Court
Rajesh Agrawal vs State Of Chhattisgarh on 23 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:13800
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2705 of 2026
Rajesh Agrawal S/o Shri Ramawtar Agrawal Aged About 39 Years R/o
Village Pratapgarh (Halwaipara), Ps And Tahsil Sitapur, District Surguja,
Chhattisgarh.
... Applicant
versus
State of Chhattisgarh Through Station House Officer Of Police Station
Balrampur, District Balrampur-Ramanujganj, Chhattisgarh.
... Non-applicant
For Applicant : Mr. Hariom Rai, Advocate
For Non-applicant/State : Ms. Vaishali Mahilong, Deputy G.A.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
23.03.2026
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. 159/2025 registered at Police Station-
Balrampur, District Balrampur-Ramanujganj, (C.G.) for the offence
punishable under Sections 305, 331(4), 317(2), 317(4), 317(5),
111 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
RAHUL
DEWANGAN
Digitally
signed by
RAHUL
DEWANGAN
2. Case of the prosecution, in brief, is that the complainant, Ajay
Kumar Soni, is the owner of a jewellery shop where gold and silver
ornaments are manufactured and sold, on the intervening night of
31.10.2025, unknown persons, after breaking open the shutter of
the said shop, committed theft of gold and silver ornaments along
with cash amounting to Rs. 75,000/-. On the basis of the complaint,
an offence under Sections 305 and 331(4) of the B.N.S. was
registered, and during the course of investigation, Sections 317(2),
317(4), 317(5), 3(5) and 111 of the B.N.S. were also added, the
present applicant was arrested by the Police of Police Station
Balrampur on 09.11.2025 and since then he is in judicial custody.
Hence, this bail application.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the present case and
has not committed any act which would justify his conviction under
the alleged sections. He also submits that no recovery of the alleged
stolen article has been effected from the possession of the present
applicant. He further submits that similarly situated co-accused
persons, namely, Roshan Soni and Badal Das have already been
granted bail by this Hon'ble Court vide orders dated 24.02.2026
and 10.03.2026 in MCRC Nos. 221/2026 and 2252/2026
respectively. He also submits that the applicant has no previous
criminal antecedents and he is in jail since 09.11.2025, the charge-
sheet has been filed and the trial is likely to take some time for its
conclusion. Therefore, he prays for grant of bail to the applicant on
the ground of parity.
4. On the other hand, learned counsel for the State opposes the bail
application of the applicant and submits that the charge-sheet has
been filed before the competent Court, but could not dispute the fact
that co-accused persons have already been granted bail by this
Court and the case of the present applicant is identical to that of the
co-accused.
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 and gravity of offence, the fact that though the present
applicant and other co-accused persons were committed theft of
gold and silver ornaments along with cash amounting to Rs.
75,000/-, but other co-accused persons, namely, Roshan Soni and
Badal Das have already been granted bail by this Court vide orders
dated 24.02.2026 and 10.03.2026 in MCRC Nos. 221/2026 and
2252/2026 respectively, and the case of present applicant is
identical to that of the co-accused persons, further the charge-sheet
has been filed in the present case, the present applicant has not
previous criminal antecedents and he is jail since 09.11.2025, the
conclusion of the trial will take some more time, therefore, this Court
is of the considered view that the applicant is entitled to be released
on bail in this case on the ground of parity.
7. Accordingly, the bail application of the applicant is allowed. Let the
Applicant - Rajesh Agrawal, involved in Crime No. 159/2025
registered at Police Station- Balrampur, District Balrampur-
Ramanujganj, (C.G.) for the offence punishable under Sections
305, 331(4), 317(2), 317(4), 317(5), 111 and 3(5) of the Bharatiya
Nyaya Sanhita, 2023, be released on bail on furnishing 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 provide a certified copy of this order to the trial
Court concerned for necessary information and compliance
forthwith.
Sd/-
(Ramesh Sinha)
Chief Justice
Rahul Dewangan
