1 2026:CGHC:6284 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1183 of 2026 Sanju Miri S/o Jaharilal Miri Aged About 27 Years R/o Village- Bamhanidih, P.S.- Bamhanidih, District – Sakti, C.G. ... Applicant versus State of Chhattisgarh Through Police Station Sariya, District - Raigarh C.G. ... Non-Applicant For Applicant : Mr. Maneesh Sharma, Advocate. For Non-Applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 04.02.2026 1. This is the Second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who have been arrested in connection with Crime No. 173/2020 registered at Police Station : Sariya, District - Raigarh (C.G.), for the offence punishable under Sections 457, 380 read with Section 34 of Bharatiya Nyaya Sanhita, 2023. 2. Earlier bail application of the applicant was rejected on merits by this Court vide order dated 12.08.2025 passed in MCRC No. 6356/2025. 3. As per the prosecution story, the complainant namely Kanhu Mahapatra has Jodged a written FIR before the P.S.- Sariya stating that on 18.10.2020 two unknown persons entered into the house of the complainant and committed theft of 13 sheep kept in the baadi of the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.02.05 12:13:45 +0530 2 complainants house. It is alleged by the prosecution that the applicant alongwith 3 co-accused persons were involved in committing the said crime registered u/s 457, 380 r/w 34 of IPC. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the first bail application of the applicant was rejected by this Court vide order dated 12.08.2025 passed in MCRC No. 6356/2025 on the ground that the applicant had absconded from the year 2020 to 2025 and was arrested on 14.06.2025. He further submits that although the applicant has four previous criminal antecedents, out of which he has been acquitted in three cases and, in one case, the fine imposed was duly paid by the applicant, the charge-sheet has already been filed and the applicant has been in custody since 14.06.2025. It is further submitted that two co-accused persons, who were granted bail, have absconded; therefore, the applicant’s trial be separated from that of the said co-accused persons. Therefore, he prays that the applicant may be enlarged on bail. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that the first bail application of the applicant was rejected by this Court on the ground that the applicant had absconded from the year 2020 to 2025 and was arrested on 14.06.2025, hence, the applicant is not entitled to the grant of bail. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Taking into consideration the fact and circumstances of the case and the fact that the first bail application was rejected by this Court on the ground that the applicant had absconded from the year 2020 to 2025 and was arrested on 14.06.2025, although the applicant has four previous criminal antecedents, out of which he has been acquitted in three cases and, in 3 one case, the fine imposed was duly paid by the applicant, the charge-sheet has already been filed and the applicant has been in custody since 14.06.2025, further two co-accused persons, who were granted bail, have absconded; therefore, the applicant’s trial be separated from that of the said co-accused persons, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. 8. Accordingly, the second bail application of applicant – Sanju Miri involved in Crime No. 173/2020 registered at Police Station : Sariya, District - Raigarh (C.G.), for the offence punishable under Sections 457, 380 read with Section 34 of Bharatiya Nyaya Sanhita, 2023, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti