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2026 DAILYLAW 36769 (CHH)

SABIR KHAN v. STATE OF CHHATTISGARH

MCRC/8533/2026 · 2026-09-22

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010353062026 2026:CGHC:41455 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8533 of 2026 1 - Sabir Khan S/o Gaffar Khan Aged About 28 Years R/o Village Dharsiwa, Ward No. 7, Near Electricity Office, Dharsiwa, Distt. Raipur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Dharsiwa, Distt. Raipur, Chhattisgarh. ... Respondent(s) For Applicant : Shri Ayush Lall, Advocate. For Respondent/ State : Shri Dharmesh Shrivastava, Dy.A.G. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 23.09.2026 1. The applicant has preferred this First Bail Application under Section 483 the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No.136/2026 registered at Police Station Dharsiwa, District Raipur (C.G.) for the offence under Sections 331(4), 305(a), 111(2)(b) & 3(5) of BNS, 2023. 2. As per the case of the prosecution, on 6.3.2026 and 8.3.2026, at around 7:00 p.m., some unknown persons broke open the wall of the NIRMALA RAO 2 FCI godown at Dharsiwa and committed theft of about 24 quintals (60 bags) of paddy, valued at Rs.74,400/-. Initially, the FIR was registered against unknown persons under Sections 331(4) and 305 of the BNS. During investigation, at the instance of the applicant, the police recovered 25 bags (1,000 kg) of paddy, and thereafter, Section 111 of the BNS was added. After completion of the investigation, the charge- sheet has been filed. 3. Learned counsel for the applicant would submit that there are 17 criminal antecedents against the present applicant, some of which have been explained by filing an affidavit. It is also contended that, in the present case, the charge-sheet has already been filed and the applicant has been in jail since 9.3.2026, whereas the conclusion of the trial is likely to take some time. Therefore, the instant bail application may kindly be allowed. 4. On the other hand, learned State counsel opposes the bail application. He would submit that the present applicant entered the godown of the complainant and committed theft and, therefore, the applicant is not entitled to be granted regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Having considered the fact that there are 17 criminal antecedents against the present applicant of different nature under the provisions of Sections 294, 506, 323, 324, 34, 56, 341, 307, 398 and 120-B of the IPC, Sections 25 and 27 of the Arms Act, Sections 137(2), 87, 64 and 351(2) of the BNS, Sections 4 and 6 of the POCSO Act, and Sections 151/107, 116(3), 110 and 109 of the Cr.P.C., and that it is the duty of the Court to consider such criminal antecedents while entertaining a 3 bail application, coupled with the allegation against the present applicant that he entered the godown of the complainant and committed theft of paddy amounting to Rs.74,400/-, I am not inclined to allow this bail application. 7. Accordingly, the bail application of the applicant filed under Section 483 of BNSS, 2023 is rejected. Sd/- (Rakesh Mohan Pandey) Judge Nimmi