1 2026:CGHC:14113 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2762 of 2026 Pradeep Soni S/o Sachin Soni Aged About 23 Years R/o Shanti Nagar, Munsakhedi , Police Station Tilaknagar, District- Indore, Madhya Pradesh ... Applicant versus State of Chhattisgarh Through Police Station Sakri, District- Bilaspur (Chhattisgarh) ... Non-applicant For Applicant : Mr. Barun Kumar Mishra, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.03.2026 1. This is the second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 104/2025 registered at Police Station Sakri, District – Bilaspur (C.G.), for the offence punishable under Sections 305(A), 331(4), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The earlier bail application of the applicant has been rejected by this Hon’ble Court vide order dated 29.08.2025 passed in MCRC No. 6115 of 2025 on merits. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.03.25 17:42:58 +0530 2 3. As per the prosecution story in a nutshell, the complainant, Lalit Sharma, lodged a report at Sakri Police Station, District Bilaspur, on 27.02.2025, stating that on 23.02.2025 at around 07:00 PM, he had locked his house and left for Uttar Pradesh with his family. On 26.02.2025 at about 07:30 PM, his neighbour, Bhavana, informed him over the phone that the doors of his house were open. During a video call, it was observed that the lock of the house was broken and the jewellery boxes and other articles were lying scattered. Upon returning home on 27.02.2025, he found that some unknown person(s) had broken into his house and committed theft of the following items : one gold chain weighing 12 grams, one gold locket weighing 1.5 grams, two pairs of gold earrings, one additional pair of gold earrings, three gold bangles, five pairs of silver anklets, seven pairs of silver toe rings, one silver spoon and bowl, one child’s silver bracelet and waistband, two silver rings, and one silver coin. All the jewellery items were old and used, having an approximate total value of Rs. 95,000/-. On the basis of this report, an FIR was registered at Sakri Police Station against an unknown accused under Sections 331(4), 305A, and 3(5) of the BNS, and the investigation commenced. During the course of investigation, information was received that in connection with Crime No. 366/2024 registered at Pandri Police Station, District Raipur, under Sections 331(4), 305A, and 3(5) of the BNS, the accused persons namely Pradeep Soni, Anil Bhuria, and Sohbat Singh were taken into custody on 02.03.2025, and their memorandum statements were recorded. In their memorandum statements, the said accused persons confessed to having committed theft in Ashma City, Bilaspur, as well. The stolen property from the house of the complainant was recovered from the possession of the said accused persons in connection with Crime No. 366/2024 of Pandri Police Station. After completion of the 3 investigation, a charge sheet was filed against the accused persons before the competent Court. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present offence. There is no incriminating material against the applicant which could hold him guilty of the offences punishable under Sections 331(4), 305A, and 3(5) of the BNS. He submits that there is no eyewitness to the aforesaid incident, and no name has been mentioned in the FIR, as the same has been registered against an unknown person. The applicant was arrested solely on the basis of memorandum statements recorded in Crime No. 366/2024 under Sections 331(4), 305A, and 3(5) of the BNS at Police Station Pandri, Raipur (C.G.) (Criminal Case No. 16070/2025 pending before the Trial Court, District Raipur). The witnesses to the memorandum and seizure have turned hostile during the trial; hence, the applicant cannot be detained on mere suspicion and deserves to be released on bail. He further submits that there is delay in the trial of the aforementioned case. The prosecution has examined only 1 witness out of 7 prosecution witnesses, therefore, an innocent person cannot be kept in jail without any justifiable reason. He submits that the applicant has been in custody since 17.03.2025, conclusion of the trial is likely to take some more time. Therefore, he prays for grant of regular bail to the applicant. 5. Learned counsel appearing for the State/non-applicant would oppose the bail application of the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the above submissions, as the memorandum and seizure witness have been turned hostile, the same cannot be a ground for 4 releasing the applicant on bail, therefore, I am not inclined to grant regular bail to the present applicant. 8. Accordingly, the second bail application of the applicant - Pradeep Soni, involved in Crime No. 104/2025 registered at Police Station Sakri, District – Bilaspur (C.G.), for the offence punishable under Sections 305(A), 331(4), 3(5) of the Bhartiya Nyaya Sanhita, 2023, is rejected. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek