Extracted from the PDF above. The PDF is authoritative.
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CGHC010335972026
2026:CGHC:38614
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.8069 of 2026 1 - Bablu S/o Lt. Badan Khan Aged About 57 Years Resident Of Village Karra, Ratanpur District Bilaspur (C.G.), Permanent Resident Of Gora Bazar, District Jabalpur (M.P.) 2 - Amur Khan S/o Natthu Khan Aged About 66 Years Resident Of Village Karra, Ratanpur District Bilaspur (C.G.), Permanent Resident Of Gora Bazar, District Jabalpur (M.P.) 3 - Ameen Khan S/o Hakeem Khan Aged About 41 Years Resident Of Village Karra, Ratanpur District Bilaspur (C.G.), Permanent Resident Of Gora Bazar, District Jabalpur (M.P.) 4 - Habeem Khan S/o Darbar Khan Aged About 35 Years Resident Of Village Karra, Ratanpur District Bilaspur (C.G.), Permanent Resident Of Gora Bazar, District Jabalpur (M.P.) 5 - Shahruk Khan S/o Naseem Khan Aged About 22 Years Resident Of Village Karra, Ratanpur District Bilaspur (C.G.), Permanent Resident Of Gora Bazar, District Jabalpur (M.P.) SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.09.01 15:43:55 +0530
2 6 - Mohammad Achchan S/o Mohammad Eliyas Aged About 33 Years R/o Village Karra, Ratanpur District Bilaspur (C.G.), Permanent Resident Of Rajpur, Rajakpur, District Amroha (U.P.)
... Applicants versus State Of Chhattisgarh Through, P.S. Kota, Bilaspur, Distt. Bilaspur (C.G.) ... Non-applicant _____________________________________________________ For Applicants :Mr. Awadh Tripathi, Advocate. For Non-applicant/State :Mr. Sourabh Sahu, PL. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 01.09.2026
1. The Applicants have preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.386/2026 registered at Police Station – Kota, District Bilaspur (C.G.), for the offences under Sections 331(4), 305(A) and 3(5) of BNS.
2. According to the case of the prosecution, during the intervening night of 17.05.2026 and 18.05.2026, between 10:00 p.m. and 5:30 a.m., at Village Newra, within the jurisdiction of Police Station Kota, District Bilaspur, the lock of the house of complainant Rajesh Singh was allegedly broken
3 and 13 goats and bucks, collectively valued at approximately Rs.65,000/-, were stolen. Accordingly, the aforesaid offences were registered against the Applicants, alleging their involvement in the commission of the said offence. Hence this application.
3.
Learned Counsel for the Applicants submits that the Applicants are innocent and have been falsely implicated in the present case. It is submitted that the complainant, upon coming to know that the Applicants were not involved in the alleged offence, has entered into a compromise and expressed no objection to their release on bail. It is further submitted that the investigation is complete and charge-sheet has been filed, no further custodial interrogation or seizure is required and the offence is triable by the learned Magistrate First Class. He further submits that the Applicants have already been granted bail in two other cases involving similar allegations of theft of goats and cattle, are in custody since 30.07.2026 and the trial is likely to take considerable time for its conclusion, therefore, they may be released on bail. 4. Contrarily, learned State Counsel opposes the bail application and submits that case diary is not available. 5. Considering the submissions advanced by learned Counsel for the parties, the fact that the Applicants are in custody
4 since 30.07.2026, the investigation is complete and charge- sheet has been filed, the complainant has expressed no objection to their release on bail and the Applicants have already been granted bail in two other cases involving similar allegations, coupled with the fact that the trial is likely to take considerable time, without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the bail application is allowed. 6. Let Applicants- Bablu, Amur Khan, Ameen Khan, Habeem Khan and Shahruk Khan involved in Crime No.386/2026 registered at Police Station – Kota, District Bilaspur (C.G.), for the offences under Sections 331(4), 305(A) and 3(5) of BNS be released on bail on their furnishing a personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant/s shall file an undertaking to the effect that he/she/they 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/s shall remain present before the trial court on each date fixed, either personally or through his/her/their counsel. In case of his/her/their absence, without sufficient cause, the trial court may
5 proceed against him/her/them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant/s misuse/s the liberty of bail during trial and in order to secure his/her/their presence, proclamation under Section 84 of BNSS. is issued and the applicant/s fail/s to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/her/them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant/s 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/s 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/her/them in accordance with law. 7. 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 Priya