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2026 DAILYLAW 34676 (CHH)

SOHABAT SINGH BHURIYA v. STATE OF CHHATTISGARH

MCRC/8248/2026 · 2026-09-02

Shri Ravindra Kumar Agrawal

Transfer Petitionbody2026

Judgment text

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1 CGHC010341652026 2026:CGHC:39062 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.8248 of 2026 Sohabat Singh Bhuriya S/o Mangar Singh Bhuriya Aged About 22 Years R/o Village Geta P.S. Thanda Distt Dhar M.P ... Applicant versus State Of Chhattisgarh Through Station Basantpur, District Rajnandgaon Chhattisgarh ... Non-Applicant For Applicants : Mr. KN Nande, Advocate For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board 03.09.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the Applicant who has been arrested in connection with Crime No.80/2025 registered at Police Station Basantpur, District- Rajnandgaon, (C.G.) for SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.09.05 10:55:43 +0530 2 the offences under Sections 305(a), 331(4) and 3(5) of BNS. 2. As per the prosecution, the complainant’s sister, Smt. Sangeeta Dewangan, a resident of Riddhi-Siddhi Colony, Rajnandgaon, informed her over phone on 17.02.2025 that a theft had taken place at her house during the night. Upon reaching her sister’s house, the complainant found the locks of the main gate, bedroom and the almirah kept inside the bedroom broken. It is further alleged that her sister informed her that the almirah contained one gold necklace, two gold MS chains, one pair of gold earrings, three sets of gold ear rings, one gold locket weighing approximately 20 tolas, silver anklets and cash of about Rs.20,000/- to Rs.25,000/-, having a total value of approximately Rs.2,50,000/- to Rs.3,00,000/-, all of which were found missing on checking the almirah, pursuant to which a report was lodged alleging that unknown persons had entered the house during the night, broke open the locks and committed theft of the aforesaid articles. Based on these allegations, the offences as mentioned above, have been registered against the present Applicant. Hence, the present bail application. 3. 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 investigation is complete and 3 charge-sheet has already been filed, however, no direct or incriminating material has been collected against the Applicant connecting him with the alleged offence, nor is there any material to prima facie establish his involvement in the offences alleged against him. It is further submitted that the Applicant is in custody since 17.03.2025 and has already undergone custody for about one year and five months and that this Court has already granted bail to the Applicant in MCRC Nos.7742/2026 and 7747/2026 vide orders dated 20.08.2026. It is lastly submitted that the trial is proceeding at a very slow pace, as out of 7-8 prosecution witnesses, only one witness has so far been examined, therefore, the Applicant may be released on bail. 4. Learned Counsel for the State opposes the bail application and submits that the Applicant is resident of M.P and there are no previous criminal antecedents against him. 5. I have heard learned counsel appearing for the parties and perused the case diary carefully. 6. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the Applicant is in custody since 17.03.2025, no previous criminal antecedents are reported against the Applicant, he has 4 already been granted bail by this Court in MCRC Nos.7742/2026 and 7747/2026 vide orders dated 20.08.2026 and out of 7-8 prosecution witnesses only one witness has so far been examined, the trial is likely to take considerable time for its conclusion and 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. 7. Accordingly, the bail application of the Applicant is allowed and it is directed that he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with two local sureties in the like sum to the satisfaction of the concerned Court, subject to the following conditions :- (i) The applicant/s shall file an undertaking to the effect that he/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/their counsel. In case of his/their absence, without sufficient cause, the trial court may proceed against him/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/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/them, in 5 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/them in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ravindra Kumar Agrawal) Judge Priya