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2026 DAILYLAW 11953 (CHH)

SAURABH BURANDE v. STATE OF CHHATTISGARH

MCRC/1140/2026 · 2026-04-26

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1 2026:CGHC:19397 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1135 of 2026 1 - Saurabh Burande S/o Chandrakant Burande, Aged About 35 Years R/o Ward No. 05 Near Nayapara Shiv Mandir, Mahasamund, P.S. City Kotwali, District- Mahasamund (C.G.) --- Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. Grp Raipur, District- Raipur (C.G.) --- Respondent(s) MCRC No. 1140 of 2026 1 - Saurabh Burande S/o Chandrakant Burande, Aged About 35 Years R/o Ward No. 05 Near Nayapara Shiv Mandir, Mahasamund, P.S. City Kotwali, District- Mahasamund (C.G.) ---Applicant(s) Versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. Grp Raipur, District- Raipur (C.G.) --- Respondent(s) MCRC No. 1148 of 2026 1 - Saurabh Burande S/o Chandrakant Burande Aged About 35 Years R/o Ward No. 05 Near Nayapara Shiv Mandir, Mahasamund, P.S. City Kotwali, District Mahasamund Chhattisgarh ---Applicant(s) ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 Versus 1 - State Of Chhattisgarh Through Station House Officer P.S. Grp Raipur, District Raipur Chhattisgarh --- Respondent(s) For Applicant(s) : Mr. Tarendra Kumar Jha, Advocate along with Mr. Rohan Kumbhare, Advocate For Respondent(s) : Ms. Palak Dwivedi Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board . 27.04.2026 1. These are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of regular bail to the applicant, who has been arrested in connection with Crime Nos. 50/2025, 128/2025, and 109/2025 registered at Police Station GRP Raipur, District Raipur (C.G.), for the offences punishable under Sections 303(2); 303(2); and 303 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, respectively. 2. MCRC No.1135 of 2026 That, as per the prosecution story, in brief, the complainant, S.K. Mukhtar Hussain, reported that on 20.02.2025, while travelling in Train No. 18030 Shalimar–LTT Express, Coach No. S-4, Berth No. 31, he had plugged in his mobile phone for charging near Tilda–Neora railway station and thereafter fell asleep. Upon waking at Raipur railway station, he discovered that his mobile phone, namely Redmi Note 13 Pro Plus 5G valued at Rs. 3 28,000/-, had been stolen by an unknown person. Initially, a theft report was lodged at GRP Police Station Kalyan; however, as the place of occurrence fell within the jurisdiction of GRP Police Station Raipur, the Zero FIR was transmitted through the head office and the case was accordingly registered at the competent police station. 3. MCRC No.1140 of 2026 That, as per the prosecution story, in brief, the complainant, Mrs. Maheshwari Verma, along with her husband, visited the railway station on 18.10.2025 to travel to her native village Nevra for the Diwali festival. It is alleged that while she was on Platform No. 05 to board the train, she noticed that the chain of her khaki- coloured ladies’ purse was open and, upon checking, found that her gold necklace and silver anklets, collectively valued at ₹90,000/-, were missing, having been stolen by an unknown person. On the basis of her written report, the said crime was registered and taken up for investigation. 4. MCRC No.1148 of 2026 That, as per the prosecution story, in brief, the complainant, Sushil Kumar Tiwari, reported that on 10.08.2025, while boarding Train No. 18517 Link Express, an unknown person stole his OnePlus 10R mobile phone from his pocket. During investigation, the accused, Golu @ Sunny Sonwani, along with co-accused 4 Saurabh Burande, was apprehended and, on the basis of their memorandum statements, the stolen mobile phone was recovered. Both the accused were arrested and, upon completion of investigation, their acts were found to constitute offences under Sections 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 5. Learned counsel for the applicant submits that he has been falsely implicated in the present cases and has not committed any offence as alleged by the prosecution. It is further submitted that the allegations are general in nature and the cases are based primarily on recoveries, which are matters of trial. The applicant is in judicial custody since 10.12.2025, and the investigation has already been completed and charge-sheets have been filed; therefore, no further custodial interrogation is required. He further submits that the applicant has three previous criminal antecedents, out of which two have already been disposed of, while the third case is pending at the stage of framing of charges. It is also submitted that the offences alleged are triable by the competent Court and the conclusion of trial is likely to take considerable time. The applicant undertakes to cooperate with the trial proceedings and shall abide by any conditions imposed by this Court. Hence, it is prayed that the applicant be enlarged on bail. 6. On the other hand, learned State counsel has vehemently opposed the bail application of the present applicant and 5 submitted that the charge-sheets have already been filed before the competent Court. It is further submitted that the applicant has three criminal antecedents and has preferred three bail applications before this Court, which prima facie indicates that he is a habitual offender. Accordingly, it is prayed that the applicant is not entitled to be enlarged on regular bail in the present case. 7. I have heard learned counsel for the parties and perused the case diary. 8. Taking into consideration the facts and circumstances of the case, the nature of allegations levelled against the applicant, the fact that the investigation has been completed and charge-sheets have already been filed, and further considering that the applicant is in judicial custody since 10.12.2025 and the conclusion of trial is likely to take considerable time, this Court is of the view that the present applications deserve to be allowed. 9. Accordingly, the bail applications of the applicant are allowed. Let the Applicant – Saurabh Burande, involved in Crime Nos. 50/2025, 128/2025, and 109/2025 registered at Police Station GRP Raipur, District Raipur (C.G.), for the offences punishable under Sections 303(2); 303(2); and 303 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, respectively, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 6 (i) The applicant shall file an undertaking to the effect that he 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 applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant 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 7 applicant 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 him, in accordance with law. 10. 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 Saxena