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2025 DAILYLAW 57168 (CHH)

SURESH SONJHARA v. STATE OF CHHATTISGARH

MCRC/9525/2025 · 2025-11-23

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Judgment text

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1 2025:CGHC:56948 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9525 of 2025 Suresh Sonjhara S/o Late Chamanlal Sonjhara Aged About 46 Years R/o New Shubhash Nagar, Thana - Tikrapara, Distt. - Raipur Chhattisgarh ... Applicant Versus State Of Chhattisgarh Through S H O, Thana - Mujgahan, Distt. - Raipur Chhattisgarh … Respondent For Applicant : Mr. Samir Singh, Advocate For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS in connection with Crime No. 43/2025, registered at Police Station – Mujgahan, District - Raipur (C.G.) for the offence punishable under Sections 331(4), 305 & 111 of the Bhartiya Nyaya Sanhita, 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.25 14:45:50 +0530 2 2. The prosecution case in brief is that on 17.02.2025, the complainant, Smt. Pushplata Patel, lodged a report stating that between 16th and 17th February 2025, some unknown person had entered her house and stolen gold ornaments worth Rs.80,000/-. Thereafter, the report was registered, and the police arrested the applicant for the alleged commission of the offence. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the only allegation against the applicant is that he had purchased some ornaments; however, he has been falsely implicated despite not having committed any theft from the complainant. It is further submitted that the applicant has been arrayed as an accused solely on the basis of the memorandum of the co-accused, though such a memorandum cannot be legally used as evidence against him. The case has been registered under Sections 331(4), 305, and 111 of the Bharatiya Nyaya Sanhita. The investigation has already been completed, and there is no likelihood of an early conclusion of the trial. The applicant has been in jail since 11.07.2025, therefore, learned counsel prays for grant of regular bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the complainant, after locking her house on 16.02.2025, returned on 17.02.2025 and found the main door lock broken and valuables worth about Rs.80,000 3 stolen. On her report, an FIR was registered at Police Station Muzaffarganj against the applicant and other co-accused. The offences are registered under Sections 305 and 111 of the Bharatiya Nyaya Sanhita. It is submitted that the incident forms part of an organized conspiracy to commit theft. The applicant has four previous criminal antecedents of a similar nature and is a habitual offender. Five similar bail applications of the applicant/co-accused have already been rejected by this Court today. Considering the gravity of the offence and the applicant’s criminal history, therefore, applicant is not entitled for grant of regular bail in the present case. 5. Considering the facts and circumstances of the case, it is evident from the case diary that after the complainant locked her house on 16.02.2025 and returned on 17.02.2025, she found the main door lock broken, the household articles scattered, and valuables worth approximately Rs. 80,000 stolen. On her report, an FIR was registered at Police Station Muzaffarganj against the applicant and other co-accused persons. The offences alleged against the applicant are being tried under Sections 305 and 111 of the Bharatiya Nyaya Sanhita and appear to be part of an organized conspiracy to commit theft of gold and other valuable property from a locked house. The applicant has four previous criminal antecedents of a similar nature and is a habitual offender. It is also noted that five similar bail applications of the applicant/co-accused have already been rejected by this Court 4 today. In view of the seriousness of the offence, the organized nature of the crime, and the applicant’s criminal history, this Court is of the considered opinion that the applicant does not deserve to be enlarged on regular bail. 6. Accordingly, the bail application filed by the applicant/accused – Suresh Sonjhara involved in Crime No. 43/2025, registered at Police Station – Mujgahan, District - Raipur (C.G.) for the offence punishable under Sections 331(4), 305 & 111 of the Bhartiya Nyaya Sanhita, 2023, is rejected. 7. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav