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2025 DAILYLAW 39317 (CHH)

SANJU MIRI v. STATE OF CHHATTISGARH

MCRC/6356/2025 · 2025-08-11

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Judgment text

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1 / 3 2025:CGHC:40531 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6356 of 2025 Sanju Miri S/o Jaharilal Miri Aged About 27 Years R/o Village Bamhanidih, P.S. Bamhanidih, District : Sakti, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Sariya, District : Raigarh, Chhattisgarh ---- Non-Applicant For Applicant : Mr. Akath Kumar Yadav, Advocate. For Non-Applicant : Ms. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/08/2025 1. This is the first bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 173/2020 registered at Police Station Sariya, District- Raigarh (C.G.) for the offence punishable under Sections 457, 380 read with Section 34 of the IPC. 2. According to the prosecution story in brief is that on 18.10.2020, the Complainant namely Kanhu Mahapatr has lodged a written F.I.R. before the Police Station Sariya stating that on 18.10.2020 two unknown persons entered into the house of the Complainant and VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.13 11:28:41 +0530 2 / 3 committed theft of 13 cattle kept in the baadi of the complaiant's house. Therefore, the police station Sariya has registered a case as Crime Number 173/2020 for offence punishable under section 457, 380, R/w 34 of IPC against the unknown person and during the investigation present applicant and 3 co-accused has been implicated in this case and charge sheet was filed before the learned Court below. 3. The applicant submits that he has not committed any offence under Sections 457, 380 read with 34 IPC and has been in jail since 14.06.2025. He is a poor person who had gone to another city to earn a livelihood and was unaware of the crime registered against him. The FIR in the case was lodged on 18.10.2020 against unknown persons, and he was not present at the place of incident. In similar allegations, two co-accused have already been granted bail by this Hon’ble Court. There is a likelihood of delay in trial; the applicant is a permanent resident with no risk of absconding or tampering with evidence, is ready to furnish surety, and will comply with any conditions imposed by the Court. 4. On the other hand, learned State counsel appearing for the respondent/State opposes the bail application and submits that the present applicant was an absconder in the year 2020. He further submits that the applicant has four criminal antecedents and that the charge-sheet has already been filed before the competent Court. As such, it is contended that the applicant is not entitled to the grant of bail. 5. I have heard learned counsel appearing for the parties and perused 3 / 3 the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, the material available in the case diary, and the fact that the applicant is stated to have absconded in the year 2020 and was arrested on 14.06.2025, and that he has four criminal antecedents, and further, that in the present case the charge-sheet has already been filed before the competent Court, this Court, taking into account the gravity and seriousness of the matter, is of the view that it is not a fit case to enlarge the applicant on bail. 7. Let the bail application of the Applicant- Sanju Miri, involved in Crime No. 173/2020 registered at Police Station Sariya, District- Raigarh (C.G.) for the offence punishable under Sections 457, 380 read with Section 34 of the IPC, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav