1 CGHC010331022026 2026:CGHC:38837 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8121 of 2026 Sadik Khan S/o Maqsood @ Roje Khan Aged About 23 Years R/o Near Gausia Noorani Masjid, Chilhati, Police Chowki Mopka P.S. Sarkanda Tahsil And Distt. Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through S.H.O P.S Kabirdham, District- Kabirdham (C.G.) ... Non-applicant For Applicant : Mr. Dheerendra Pandey, Advocate. For Non-applicant/State. : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.09.2026 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. 183/2025 registered at Police Station – Kabirdham, District – Kabirdham (C.G.), for the offences punishable under Sections 331(4), 305(A) and 112 of the Bhartiya Nyay Sanhita, 2023. 2. The prosecution case, in brief, is that the complainant, Ishwari alias Itwari Yadav, lodged a report at Police Station Kawardha stating that on 29.04.2025, at about 6:00 PM, after grazing his goats, he secured them ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.09.02 16:53:07 +0530 2 in the goat shed situated in front of his residence. Thereafter, he had dinner with his family and went to sleep. On the morning of 30.04.2025, at about 5:00 AM, he woke up when his younger brother, Ashok, called out to him and informed him that the latch of the house door had been fastened from the outside (roadside) and that the wall of the goat shed had been broken. The goats had escaped through the breach in the wall of the shed. Upon coming outside and inspecting the shed, he found that someone had broken through the wall, entered the enclosure, and stolen 6 male goats and 24 female goats, collectively valued at approximately Rs. 1,00,000/-. On the basis of the complainant’s report, the aforesaid case was registered and investigation was taken up. On 03.05.2025, at about 3:00 AM, the co-accused persons, namely, Suhaib Khan, Shabbir Khan, Manish Patel, Ajay Sonwani and Gaurav Dhuri, were apprehended by the villagers in village Regankhar Khurd while allegedly attempting to commit theft using an Innova vehicle. During questioning and inspection of the modified Innova vehicle, the villagers detected the smell of goats and, upon inquiry regarding an iron crowbar found inside the vehicle, the present applicant, along with co-accused Suhaib Khan and Ajay Sonwani, managed to give the villagers the slip and fled from the spot. The applicant has been in custody since 07.08.2025. During the period of his custody, the Kabirdham Police arrested the applicant on the basis of the alleged statement of the co-accused persons and subsequently implicated him in the aforesaid crime. 3. Learned counsel for the applicant submits that the applicant is an innocent person who has been falsely implicated in the present case. He further submits that the applicant has neither committed nor participated in any such act that may amount to the alleged offence. He further submits that the evidence collected by the prosecution is also not prima 3 facie sufficient to establish the applicant's involvement in the alleged offence. He further submits that the present applicant has only one criminal antecedent under the NDPS Act, in which the applicant has already been granted bail, and an explanation in this regard has also been furnished in Part D of the present bail application. He further submits that the applicant has been in custody since 29.01.2026 and that the conclusion of the trial is likely to take some time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, particularly the fact that the present applicant has only one criminal antecedent under the NDPS Act, in which the applicant has already been granted bail, and an explanation in this regard has also been furnished in Part D of the present bail application, coupled with the fact that the charge-sheet has already been filed before the competent Court, that the applicant has been in custody since 29.01.2026, and that the conclusion of the trial may take some time, this Court is of the opinion that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Sadik Khan, involved in Crime No. 183/2025 registered at Police Station – Kabirdham, District – Kabirdham (C.G.), for the offences punishable under Sections 331(4), 305(A) and 112 of the Bhartiya Nyay Sanhita, 2023, 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:- 4 (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 his 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 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