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2026 DAILYLAW 24200 (CHH)

MANNU SONWANI v. STATE OF CHHATTISGARH

MCRC/5743/2026 · 2026-06-30

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Judgment text

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1 2026:CGHC:26863 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5743 of 2026 Mannu Sonwani S/o Bhoklu Sonwani Aged About 20 Years R/o Behind of R.T.O. Office, Dewarpara Rawanbhatha, Police Station- Khamtrai, District- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through S.H.O., Police Station - Khamtrai, District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Arun Kumar Shukla, Advocates. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.07.2026 1. This is the first 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. 243/2026 registered at Police Station Khamtarai, District – Raipur (C.G.), for the offences punishable under Sections 305, 331(4) and 3(5) of the Bhartiya Nyaya Sanita, 2023. 2. The prosecution case, in brief, is that the complainant is employed in a transport company and is responsible for the custody and maintenance of the goods stored in its warehouse. On 06.04.2026, after completing ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.02 11:24:25 +0530 2 his work, he locked the warehouse and left for his residence at about 5:00 PM. On 10.04.2026, at around 10:00 AM, when he returned to the warehouse, he found that the lock of the shutter had been broken. He further discovered that unknown person(s) had unlawfully entered the warehouse and committed theft of various electrical and hardware items, including G.I. materials, cables, and LED battens stored therein. The total value of the stolen property was assessed at approximately Rs. 95,000/-. The complainant suspected that some unknown person(s), after breaking open the lock of the warehouse, had criminally trespassed into the premises and dishonestly removed the articles with the intention of causing wrongful loss to the owner. Accordingly, he lodged the First Information Report against the unknown offender(s). 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the aforesaid case. He also submits that the applicant has 02 pending criminal antecedents which are under the Arms Act and NDPS Act. He submits that the other co- accused persons, namely Jain Markam @ Bajrangi, Shera Nagarchi and Omprakash @ Krishna Bharti have already been granted regular bail by this Court in MCRC No. 5645 of 2026 and MCRC No. 5690 of 2025 vide order dated 29.06.2026. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has already been filed in the present case. However, she could not dispute the fact that identically situated co-accused persons have already been granted regular bail by this Court. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case that the other co-accused persons, namely Jain Markam @ Bajrangi, Shera Nagarchi and Omprakash @ Krishna Bharti have already been granted regular bail by this Court in MCRC No. 5645 of 2026 and MCRC No. 5690 of 2025 vide order dated 29.06.2026. Also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and he has been in jail since 13.04.2026 and the conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Mannu Sonwani, involved in Crime No. 243/2026 registered at Police Station Khamtarai, District – Raipur (C.G.), for the offences punishable under Sections 305, 331(4) and 3(5) of the Bhartiya Nyaya Sanita, 2023, be released on bail on his furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (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 misuses the liberty of bail during 4 trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails 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 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. 8. Office 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