1 2025:CGHC:43790 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4707 of 2025 1. Sanjay Chouhan @ Sanjay Kumhar S/o Santosh Chouhan Aged About 29 Years R/o B.S. U.P. Colony Balmiki Nagar House No. 01, Block - B Kabir Nagar Raipur Raipur Tahsil And District- Raipur (C.G.) ... Applicant (In Jail) versus 1. State Of Chhattisgarh Through P.S. City Kotwali District - Raipur (C.G.) ... Non-applicant For Applicant : Mr. Anway Tiwari, Advocate (through online) For Non-applicant : Mr. Akhilesh Kumar, Govt. Advocate Hon'ble Mr. Justice Parth Prateem Sahu Order On Board 28.8.2025 1. This is 5th application on behalf of applicant for grant of regular bail to him in connection with Crime No.452/2023 registered at Police Station City Kotwali, Raipur (CG) for commission of offence punishable under Sections 457, 380, 411, 34 of IPC. SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI 2 2. Case of the prosecution, in brief, is that complainant lodged report in concerned police station alleging that in the night intervening 16th & 17th November, 2023 some persons entered her house and committed theft of gold ornaments weighing 60-70 grams and silver ornaments weighing 3-4 kilogram. Based on this complaint, instant crime was registered and during course of investigation, applicant was arrested on 25.11.2023. 3. Learned counsel for applicant submits that applicant is innocent and has been falsely implicated in instant crime. Applicant is in jail since 29.11.2023 thereby he has completed about 1 year 8 months of pre-trial detention. During trial, till date only one prosecution witness is examined by prosecution and whose cross-examination is still not over. Other co- accused persons namely Pooja Kumhar, Smt. Poonam Sona and Uday Bariha have already been enlarged on bail by this Court vide orders dated 25.1.2024, 18.3.2024 & 8.2.2024 in M.Cr.C. Nos.172/2024, 1681/24, 126/2024 respectively. He submits that conclusion of trial is likely to take some time, hence, applicant be released on regular bail. 4. Per contra, learned State Counsel opposes submissions made by learned counsel for applicant. 5. I have heard learned counsel for the parties. 3 6. Taking into consideration the facts and circumstances of case, nature of allegations, submissions of learned counsel for applicant and further considering that other co-accused persons have already been enlarged on regular bail, without commenting anything on merits of case, I am inclined to enlarge applicant on regular bail. 7. Accordingly, the application is allowed and it is directed that applicant shall be released on bail on 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) he shall appear before the trial Court concerned regularly on each and every date unless exempted from appearance. b) he shall not, in any manner, tamper with prosecution witnesses. c) If applicant is found involved in similar offence in future, it will be open for the State to apply for cancellation of bail. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge roshan/-