1. The present is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS"), seeking grant of regular bail to the applicants, who are in judicial custody in connection with Crime No. 522/2025 registered at Police Station City Kotwali, District Bilaspur (Chhattisgarh), for the offences punishable under Sections 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

2. As per the prosecution story, in brief, on 23.09.2025, the complainant reported at Police Station City Kotwali, Bilaspur, that his Splendor Plus motorcycle, bearing registration No. CG-10-BS-3492, had been parked near Meena Bazaar, Shanichari, and was found missing. On the basis of his report, Crime No. 522/2025 was registered against an unknown person for the offence punishable under Section 303(2) of the BNS. During patrolling and vehicle checking on 16.03.2026, the allegedly stolen motorcycle was found abandoned without a number plate near Gurunanak Dhaba. During investigation, the applicants were arrested on 25.03.2026 in connection with the alleged theft of the said motorcycle and for parking it near Gurunanak Dhaba, Chhatauna Chowk. After completion of investigation, the charge-sheet was filed for the aforesaid offences.

3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is submitted that the alleged motorcycle does not belong to the applicants and was being used by the owner of the dhaba where applicant No. 1, Kanhaiya, was employed. Learned counsel further submits that the applicants have been falsely implicated due to an existing land dispute and previous enmity with the complainant side. Learned counsel further submits that applicant No. 1 has been in judicial custody since 25.03.2026 and applicant No. 2 has been in judicial custody since 22.04.2026. It is further submitted that the charge-sheet has already been filed and the trial is likely to take considerable time to conclude. Accordingly, learned counsel prays that the applicants be enlarged on regular bail.

4. Per contra, learned State counsel opposes the bail application and submits that, although the charge-sheet has already been filed, applicant No. 1 has one criminal antecedent and applicant No. 2 has two criminal antecedents. Considering the criminal antecedents of the applicants, learned State counsel prays that the bail application 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, particularly the nature of the allegation, the fact that the alleged motorcycle was recovered in an abandoned condition, the fact that the charge-sheet has already been filed, the period of custody undergone by the applicants and the fact that the trial is likely to take considerable time to conclude, without commenting on the merits of the case, this Court is of the considered view that the applicants deserve to be enlarged on regular bail.

7. Accordingly, the bail application is allowed. Let the applicants, namely Kanhaiya Lal Suryavanshi and Ganeshram Suryavanshi, involved in Crime No. 522/2025 registered at Police Station City Kotwali, District Bilaspur (Chhattisgarh), for the offences punishable under Sections 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on their furnishing personal bonds with two sureties each in the like sum to the satisfaction of the Court concerned, subject to the following conditions:-

          (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita.

          (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita.

          (iv) The applicants 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 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 them in accordance with law.

8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment.

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