BALAMURGAN vs STATE OF CHHATTISGARH

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CGHC010336002026 2026:CGHC:38599
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 8050 of 2026
Balamurgan S/o K. Balamurgan, Aged About 58 Years R/o Ramji Nagar,
P. S. Ramji Nagar, Dist. Tiruchirapalli (Tamil Nadu)
... Applicant
versus
State Of Chhattisgarh Through Station House Officer (S. H. O.) P. S.
Ganj, Dist. - Raipur (C.G.)
... Non-Applicant
For Applicant : Shri Shalvin Sharma, Advocate.
For Non-Applicant : Shri Jitendra Shrivastava, GA.
Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
01/09/2026
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.9/2026 registered at Police Station Ganj, District Raipur (C.G.)
for the offence under Sections 305 (c), 3 (5), 324 (5) & 112 (2)
BNS.
Digitally
signed by
KRISHNA
KUMAR
BARVE
Date:
2026.09.01
19:49:03
+0530
KRISHNA
KUMAR
BARVE

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2. The prosecution case, in brief, is that on 12.01.2026 at around
04:00 PM, complainant left home in his car bearing registration
number CG-04-PI- 9909 accompanied by his brother-in-law. They
proceeded to Apollo Diagnostic Clinic to meet Dr. Paras Jain and
reached there at approximately 05:45 PM. Complainant parked
the car on the roadside in front of the clinic and went inside with
his brother-in law. At around 06:20 PM, upon returning, they found
that the rear glass on the driver's side (right rear door window) of
complainant car had been broken. Complainant had kept a grey
laptop bag and a black sling bag on the back seat, and upon
checking CCTV footage. Complainant saw 4-5 individuals around
the car, one of whom, wearing a blue shirt, was seen breaking the
glass and stealing complainant's bag. The grey laptop bag
contained ₹10,00,000 in cash, along with an old HP laptop, a used
Samsung tablet and a Sony external hard disk, while the black
sling bag contained five debit and credit cards. The accused fled
after committing the theft. Thereafter, the complainant went to
Police Station Ganj with his brother-in-law to file a report. On the
basis of complaint made by the complainant the present FIR no.
09/2026 was lodged on 12.01.2026 and during the investigation
name of the present applicant was involved in this present crime
and he was arrested on 17.01.2026 whereas chargesheet has
been filed on 16.03.2026. It is pertinent to mention that, there has
been seizure of only 3500 Rs. (7 Notes of 500 Rs.) from the
present applicant/Balamurgan as per Final Report submitted by

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Prosecution. Hence the bail application.
3. It has been argued by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in the crime.
The name of the present applicant is not mentioned in the FIR and
4 co-accused persons have already been released on bail by this
Court vide orders dated 20.4.2026, 9.7.2026, 11.8.2026 &
17.8.2026 passed in MCRC Nos.3518/26, 4403/26, 7339/26 &
7400/2026 respectively. Moreover, the applicant has one criminal
antecedent under the BNS, which is pending. The applicant is in
jail since 17.1.2026. Therefore, the applicant may be released on
bail on the ground of parity.
4. On the other hand, learned counsel appearing for the State/non-
applicant would oppose the bail application and submit that the
applicant has one criminal antecedent under the BNS, which is
pending, and the charge sheet has been submitted against the
applicant. Therefore, the bail application may be rejected.
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,
and the fact that the charge sheet has already been submitted
against the applicant, the applicant has one criminal antecedent
under the BNS, which is pending, which is mentioned in the bail
application, the applicant is in jail since 17.1.2026, 4 co-accused
persons have already been released on bail by this Court vide

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orders dated 20.4.2026, 9.7.2026, 11.8.2026 & 17.8.2026 passed
in MCRC Nos.3518/26, 4403/26, 7339/26 & 7400/2026
respectively and conclusion of trial is likely to take some time, this
Court is of the view that the applicant is entitled to be released on
bail in the present case on the ground of parity. Accordingly, the
Application is allowed .
7. Let the Applicant – Balamurgan, involved in Crime No.9/2026
registered at Police Station Ganj, District Raipur (C.G.) for the
offence under Sections 305 (c), 3 (5), 324 (5) & 112 (2) BNS, be
released on bail on furnishing personal bond with two local
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 their counsel. In case of his absence,
without sufficient cause, the trial court may proceed
against them 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

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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
applicants are 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 them 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.
-

Sd/-
(Ramesh Sinha)
Chief Justice
Barve