JALESHWAR PRASAD KENWAT vs STATE OF CHHATTISGARH

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CGHC010333592026 2026:CGHC:38581
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 8004 of 2026
Jaleshwar Prasad Kenwat S/o Shri Manohar Lal Aged About 37 Years
R/o Village Banahil, P.S. Mulmula, Distt. Janjgir-Champa Chhattisgarh
... Applicant(s)
Digitally
signed by
AKHILESH
KUMAR
DEWANGAN
AKHILESH
KUMAR
DEWANGAN
versus
State Of Chhattisgarh Through S.H.O., P.S. Akaltara, Distt. Janjgir-
Champa Chhattisgarh
... Respondent(s)
For Applicant(s) : Mr. Ravindra Sharma, Advocate.
For Respondent(s) : Ms. Anusha Naik, Deputy Government Advocate.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
01/09/2026
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. 420/2026 registered at Police Station
Akaltara, Distt. Janjgir-Champa (C.G.) for the offence punishable
under Sections 306, 331(4), 317(2), 3(5) of BNS.

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Case of the prosecution, in brief, is that on 19.07.2026, the
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complainant, Akhilesh, along with Premchand Kumar and Ajay
Yadav, had gone for patrolling duty at the J.S.W. Power Plant,
Police Station Akaltara. At about 06:15 a.m., near the under-
construction drain on the road leading towards the coal and ash
area, they noticed some persons whom they suspected to be
committing theft. On seeing the patrolling vehicle, four persons
fled from the spot, out of whom Jaleshwar Prasad Kevat was
apprehended. He was identified as an electrician working at the
J.S.W. Power Plant. Four black bags found at the spot were
checked, wherein 38 small and large pieces of copper plates were
found, valued at approximately Rs.2,00,000/-. During
interrogation, Jaleshwar disclosed the names of his associates,
namely, Santosh Rajak, Dinesh Rathore and Gopesh Sahu,
stating that all four were employees of the J.S.W. Power Plant and
had committed theft of the copper plates during the night shift on
18.07.2026. On the basis of his memorandum statement, 38
copper plates were recovered and seized from his possession.
Accordingly, the offences were registered against the applicant
and co-accused persons. The applicant was arrested on
19.07.2026 at about 02:20 p.m. and was subsequently produced
before the competent Court. 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 the applicant was

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performing his night duty at the plant and, after completion of his
shift, was proceeding towards his home when he was allegedly
implicated in the present case, the alleged stolen copper plates
were already lying in a covered area inside the plant and were not
recovered from the possession of the applicant. He also submits
that the applicant has been falsely implicated with an ulterior
motive, and the seizure memo was prepared after about eight
hours so as to show recovery of the alleged stolen articles from
him, whereas, as per the prosecution itself, the applicant and the
alleged stolen articles were found inside the plant premises. He
later submits that other co-accused persons, who are alleged to
have fled from the spot, have already been granted bail by the
learned trial Court. The applicant is in jail since 19.07.2026, the
applicant has no criminal antecedent, 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 is that he, along with the co-accused persons,
committed theft of copper plates from the J.S.W. Power Plant
during the night shift on 18.07.2026. The applicant is alleged to
have been involved in the theft of 38 copper plates, valued at
approximately Rs.2,00,000/-. Therefore, the applicant is not
entitled for grant of bail.

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I have heard learned counsel appearing for the parties and
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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 19.07.2026, the fact that though the applicant allegedly in
collusion with co-accused persons, committed theft of 38 copper
plates from the J.S.W. Power Plant during the night shift on
18.07.2026, valued at approximately Rs.2,00,000/-, and thereafter
fled from the spot on being noticed by the patrolling party, but
considering the fact that the applicant has no criminal antecedent
and other co-accused persons who are alleged to have fled from
the spot, have already been granted bail by the learned trial
Court, the charge-sheet has been filed, this Court is of the view
that the applicant is entitled to be released on bail in this case.
Accordingly, the application is allowed.
7.
Let the Applicant- Jaleshwar Prasad Kenwat, involved in Crime
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No. 420/2026 registered at Police Station Akaltara, Distt. Janjgir-
Champa (C.G.) for the offence punishable under Sections 306,
331(4), 317(2), 3(5) of 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

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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.
Office is directed to send a certified copy of this order to the trial
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Court for necessary information and compliance.
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
Akhil