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. 128/2026 registered at Police Station Dipka, District- Korba (C.G.) for the offence punishable under Section 303(2), 3(5) of BNS.

2. Case of the prosecution, in brief, is that on 31.03.2026, the complainant, namely Rinchen Ramu, who is posted as a Lady Constable in CISF, lodged a report against an unknown person alleging theft of 175 litres of diesel oil from Gevra Khadan. Pursuant to the said report, the police registered the case and conducted investigation. During the course of investigation, the present applicant was arrested and implicated in the alleged offence. 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 seizure of any incriminating material has been made from the possession of the applicant. The applicant is in jail since 31.03.2026, the applicant has five criminal antecedents of the years 2019, 2022, 2023 and 2024 under the IPC, Excise Act and the Arms Act, 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. He further submits that the applicant allegedly involved in the theft of 175 litres of diesel oil from Gevra Khadan on 31.03.2026 and he is having five criminal antecedents of the years 2019, 2022, 2023 and 2024 under the IPC, Excise Act and the Arms Act, 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 31.03.2026, further considering the fact that the allegation against the applicant is of a general in nature that he was involved in the theft of 175 litres of diesel oil from Gevra Khadan, also taking into account the criminal antecedents of the applicant, which are five in number pertaining to the years 2019, 2022, 2023 and 2024 under the provisions of the IPC, the Excise Act and the Arms Act, this Court is of the view that the applicant is entitled to be released on bail in this case.

7. Accordingly, the application is allowed.

8. Let the Applicant-Fuleshwar Kumar Kashyap, involved in Crime No. 128/2026 registered at Police Station Dipka, District- Korba (C.G.) for the offence punishable under Section 303(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 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.

9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance.