1 CGHC010319652026 2026:CGHC:37393 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7747 of 2026 1 - Sohabat Singh Bhuriya S/o Mangar Singh Aged About 34 Years R/o Village Geta P. S. Thanda, District Dhar - M P. ... Applicant(s) versus 1 - State of Chhattisgarh Through Police Station Sakri, District Bilaspur C.G. ... Respondent(s) For Applicant(s) : Mr. K.N. Nande, Advocate For Respondent(s)/State : Mr. Shubham Bajpai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.08.2026 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking grant of regular bail to the applicant, who is in judicial custody in connection with Crime No. 100/2025 registered at Police Station Sakri, District Bilaspur (Chhattisgarh), for the offences punishable under Sections 305(a), 331(4) and 3(5) of BNSS. RUCHI YADAV Digitally signed by RUCHI YADAV 2 2. Earlier the first bail application of the applicant was rejected by this Court vide order dated 29.08.2025 passed in MCRC No. 6306 of 2025. 3. The prosecution case, in brief, is that the applicant, Ashish Kaushik, lodged a report at Police Station Sakri, District Bilaspur, on 26.02.2025, stating that on 14.02.2025 at about 09:00 p.m., he had locked his house and gone to Prayagraj, Uttar Pradesh, along with his family to attend the Mahakumbh Mela. On 26.02.2025 at about 06:00 a.m., upon returning home, he found that the central lock of the main door had been broken. On entering the house, he further noticed that the locks of the cupboards in the bedroom and hall had also been broken and the articles therein were found scattered. He alleged that cash of Rs. 2,000/-, one gold bindi and one silver anklet, collectively valued at approximately Rs. 40,000/-, had been stolen by some unknown person. On the basis of the said report, a crime was registered at Police Station Sakri against unknown accused persons for offences punishable under Sections 331(4), 305(a) and 3(5) of the IPC and investigation was taken up. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the charge-sheet has already been filed by the police and that no direct or reliable material has been collected during the investigation connecting the present applicant with the alleged offence. It is further submitted that no incriminating article or stolen property has been recovered from the possession of the applicant. Learned counsel further submits that the applicant has been in custody since 17.03.2025 and has already undergone a substantial period of incarceration. It is 3 also submitted that the witnesses to the memorandum and seizure have turned hostile, thereby weakening the prosecution case against the applicant. It is further submitted that the prosecution has cited seven witnesses, out of whom only one witness has been examined so far. Thus, the trial is proceeding slowly and is likely to take considerable time to conclude. On these grounds, learned counsel prays that the applicant be enlarged on regular bail. 5. Per contra, learned State counsel opposes the bail application and submits that considering the nature and gravity of the allegations and the material available on record, the applicant does not deserve the benefit of bail. On these grounds, learned State counsel prays that the application be rejected. 6. I have heard learned counsel appearing for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case, particularly the fact that the charge-sheet has already been filed, no stolen property or other incriminating article has been recovered from the possession of the applicant, the applicant has been in custody since 17.03.2025, and only one out of seven prosecution witnesses has been examined so far, this Court is of the considered view that the trial is likely to take considerable time to conclude. Without commenting upon the merits of the case, this Court is inclined to grant the benefit of bail to the applicant. 8. Accordingly, the application is allowed. Let the Applicant – Sohabat Singh Bhuriya involved in Crime No. 100/2025 registered at Police Station Sakri, District Bilaspur (Chhattisgarh), for the offences 4 punishable under Sections 305(a), 331(4) and 3(5) of BNSS, be released on bail on furnishing personal bond with two local 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 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, 5 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. 9. 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. 10. 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