2026:CGHC:12168 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2373 of 2026 Swatantra Yadav S/o Shanti Lal Yadav Aged About 23 Years R/o Janjgir, Police Station Janjgir, District Janjgir-Champa (C.G.)

... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Chauki- Naila, Police Station- Janjgir, District Janjgir-Champa (C.G.)

... Non-applicant For Applicant :Mr. Paras Mani Shriwas, Advocate.

Digitally For Non-applicant/State :Mr. Shubham Bajpai, Panel Lawyer.

signed by PREETI PREETI KUMARI KUMARI Date:

2026.03.13

18:26:46 Hon'ble Mr. Ramesh Sinha, Chief Justice +0530

Order on Board

13.03.2026

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. 29/2026 registered at Police Chauki- Naila, Police Station- Janjgir, District Janjgir-Champa (C.G.), for the offences punishable under Sections 305(a), 331(4) and

3(5) of the Bhartiya Nyaya Sanhita, 2023.

2. As per the prosecution story, in brief, on dated 07/01/2026, the complainant namely Vijay Kumar Agrawal lodged a report at Police Chauki Naila, stating that his kirana shop is situated on the main road, Naila–Janjgir. On 06/01/2026, he closed his shop at about 9:00 P.M., but due to a mistake he could not lock the shop. On the morning of

07/01/2026, he noticed that some portion of the shutter/door of his kirana shop was open. Upon checking, he came to know that unknown persons had committed theft of some tobacco articles, perfume, and a sum of Rs.10,000/-. During the course of investigation, the present applicant was made an accused and was subsequently arrested on 09/01/2026.

3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the aforesaid case. He further submits that the actual facts of the case are that the other co-accused persons are close friends of the present applicant. They were made accused in similar nature of offences, and during the course of investigation the prosecution authorities allegedly tortured them, due to which they disclosed the names of their friends. On the basis of their memorandum statements, the present applicant has been made an accused in the crime in question. Therefore, the applicant is entitled to be released on bail. He also submits that the applicant has no previous criminal antecedents, the charge-sheet has been filed and he is in jail since 09.01.2026. Therefore, the present applicant is also entitled to be released on regular 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 submitted in the present case.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the facts and circumstances of the case, the nature of allegations levelled against the applicant, and the fact that the charge - sheet has already been submitted in the present case before the competent Court and he has been in jail since 09.01.2026, conclusion of the trial may take some more time, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case.

7. Accordingly, the bail application is allowed. Let the Applicant –

Swatantra Yadav, involved in Crime No. 29/2026 registered at Police Chauki- Naila, Police Station- Janjgir, District Janjgir-Champa (C.G.), for the offences punishable under Sections 305(a), 331(4) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his 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 tri