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2026 DAILYLAW 28807 (CHH)

RITESH KURREY @ CHINU v. STATE OF CHHATTISGARH

MCRC/5771/2026 · 2026-07-22

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Judgment text

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1 CGHC010235262026 2026:CGHC:31509 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5771 of 2026 1 - Ritesh Kurrey @ Chinu S/o Shri Ishwar Kurrey Aged About 21 Years R/o Kohroud P.S.- Lavan, District Balodabazar C.G., Halmuqam Tendu Patta Godam Beside Baluda Zero Point Vidhansabha Raipur C.G. ...Applicant(s) versus 1 - State of Chhattisgarh Through: Station House Officer, Police Station- Kharora, District Raipur C.G. ... Respondent(s) For Applicant(s) : Ms. Vikeshveri, Advocate For Respondent(s)/State : Mr. Sourabh Sahu, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.07.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of regular bail to the applicant, who is in judicial custody in RUCHI YADAV Digitally signed by RUCHI YADAV 2 connection with Crime No. 698/2026 registered at Police Station Kharora, District Raipur (Chhattisgarh), for the offence punishable under Sections 305(A) and 3(5) of BNS. 2. The prosecution case, in brief, is that on the basis of a complaint lodged by the complainant alleging that on 07.10.2025 at about 2:30 p.m., while he was present at his jewellery shop, namely Anshul Jewellers, situated in Village Bhainsa, two unknown persons entered the shop on the pretext of purchasing jewellery. It is alleged that they dishonestly stole one gold Rani Haar and one double Kunda locket, each valued at approximately ₹90,000/-, and thereafter fled from the spot on a motorcycle with their third accomplice. On the basis of the said complaint, the police registered the present crime and during the course of investigation, the present applicant came to be implicated and was arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant has already been granted regular bail by this Court in two other criminal cases, namely Crime No. 13/2026, vide order dated 07.07.2026 passed in MCRC No. 5978 of 2026 and Crime No. 34/2026, vide order dated 07.07.2026 passed in MCRC No. 6001 of 2026. She further submits that the applicant has been in judicial custody since 07.10.2025. It is also submitted that the charge-sheet has already been filed and the conclusion of the trial is likely to take 3 considerable time. On these grounds, it is prayed that the applicant be enlarged on regular bail. 4. Learned State counsel opposes the bail application. However, he fairly submits that the applicant has been granted regular bail by this Court in the aforesaid two criminal cases, the charge-sheet has already been filed. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, particularly the fact that the applicant has already been granted regular bail by this Court in the aforesaid two criminal cases, the charge-sheet has already been filed, the applicant has remained in judicial custody since 07.10.2025 and the conclusion of the trial is likely to take considerable time, this Court is of the opinion that further pre- trial detention of the applicant is not warranted. Accordingly, without expressing any opinion on the merits of the case, the present bail application deserves to be and is hereby allowed. 7. Let the Applicant – Ritesh Kurrey @ Chinu involved in Crime No.- 698/2026 registered at Police Station Kharora, District Raipur (Chhattisgarh), for the offence punishable under Sections 305(A) and 3(5) of BNS, 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:- (i) The applicant shall file an undertaking to 4 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 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 5 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 9. 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 Ruchi