MCRC/9771/2026 of CHANDRABHUSHAN @ CHINTU DADSENA Vs STATE OF CHHATTISGARH on 13 October 2026

1. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 170/2023 registered at Police Station – Pandari, District – Raipur, Chhattisgarh for the offences punishable under Sections 381, 120-B, 395 of the Indian Penal Code, 1860 and under Section 25 of the Arms Act, 2000.

2. Case of the prosecution, in brief is that on 01.06.2023, the complainant lodged report in the concerned police station alleging that on 28.05.2023 at about 06:00 P.M., some unknown persons came to the office and talked with the applicant and thereafter, they left from his office. After sometime, when the complainant came back, he found that 03 laptops,

04 mobile phones and cash of Rs. 20,00,000/- were stolen from his office. Based upon which, the aforementioned FIR was registered and the applicant was arrested on 14.05.2026.

3. Learned counsel for the applicant submits that applicant is innocent, he has been falsely implicated in the crime. He has not committed any offence as alleged. He submits that applicant has been impleaded only on the basis of suspicion as he was an employee in the concerned shop. He contended that initially, the appellant could not be arrested because, he was in jail in another offence under Section 376 of the IPC from 05.06.2023. He also contended that during the course of investigation, 10 persons were arrested and after trial, all the 10 co-accused persons have been acquitted from the charges. Applicant was arrested on 14.05.2026, he was interrogated. Investigation is complete, charge-sheet has been filed, no custodial interrogation is required. Hence, the applicant may be enlarged on bail.

4. On the other hand, learned State counsel opposes the submission made by counsel for the applicant and would submit that after commission of offence, the applicant remained absconding till he was arrested on 14.05.2026. She also submits that according to the information supplied in the bail application, the applicant is having 02 criminal antecedents, one under Section 376 (2) of the IPC, 1860 and another under Section 6 & 7 of the Chhattisgarh Gambling (Prohibition) Act, 2022. However, she do not dispute the submission of the counsel for the applicant that the 10 co-accused persons in the instant crime, after trial have been acquitted from the charges.

5. I have heard learned counsel for the respective parties and perused the documents filed along with the bail application.

6. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, the other 10 co-accused persons have been acquitted from the charges, investigation is complete, charge-sheet has been filed, documents enclosed along with the bail application, trial is likely to take sometime, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail.

7. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that:

(a) 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.

(b) 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.

(c) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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.

(d) 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 concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY