2026:CGHC:2201 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 436 of 2026 Aman Yadav S/o Gopal Yadav Aged About 22 Years R/o Krishna Nagar, Dangania, Tahsil And District Raipur (C.G.)

... Applicant(s)

versus State Of Chhattisgarh Through S.H.O. P.S. D.D.Nagar, Raipur, District Raipur (C.G.)

... Respondent(s)

For Applicant(s) : Mr. Pushkar Sinha, Advocate.

For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

14/01/2026

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. 377/2025 registered at Police Station D.D.Nagar, Raipur, District Raipur (C.G.) for the offence punishable under Sections 331(4), 305(a), 3(5) of BNS.

2. Case of the prosecution, in brief, is that complainant Tarini Verma lodged a report stating that on 26.08.2025 at about 07:00 p.m., after locking her house, she went to her parental home at Village Mohdi, Dharsiwa. Upon returning on 28.08.2025, she found that the lock of her house as well as the lock of the almirah had been broken. On checking the belongings, it was discovered that gold and silver ornaments and cash amounting to Rs. 2,73,000/- were missing, having been stolen by unknown persons. On the basis of the said report, an FIR was registered for offences punishable under Sections 331(4) and 305(a) of the Bharatiya Nyaya Sanhita. During the course of investigation, on the basis of the memorandum statement of a co-accused, the present applicant/accused was implicated and arrested on 14.09.2025. Since his arrest, the applicant has been in judicial custody. Hence, the bail application.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that no active participation of applicant has been found in the present case, only on the basis of memorandum statement of co-accused, present applicant has been roped in the present case. The applicant is in jail since 14.09.2025, the applicant has one criminal antecedent of the year 2020under the IPC, further 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.

4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the allegation against the applicant/accused is that he was involved in the offence of house-breaking and theft committed at the house of complainant Tarini Verma during her absence between 26.08.2025 and 28.08.2025. During investigation, on the basis of the memorandum statements of the accused persons, the applicant was found prima facie involved in the commission of the offence. His involvement is further alleged on the basis of recovery of stolen property i.e. 01 gold necklace, 01 pair of gold bangles, 01 pair of silver anklets, 01 silver Lakshmi waistband, cash amount of Rs. 10,500/- and screwdriver, alleged to be used in commission of the offence, therefore, the applicant is not entitled for grant of 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 and gravity of offence, period of detention of the applicant since 14.09.2025, the fact that though the allegation against the applicant that he prima facie involved in the offence of house- breaking and theft committed during the complainant’s absence between 26.08.2025 and 28.08.2025 and on the basis of memorandum statements and recovery of stolen articles and the tool used in the offence from his possession, he was arrested, but considering the fact that he has only one criminal antecedent, which is of the year 2020 under the IPC and the fact that the c