SOHABAT SINGH BHURIYA vs STATE OF CHHATTISGARH

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CGHC010334002026 2026:CGHC:38582
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 8000 of 2026
Sohabat Singh Bhuriya S/o Mangar Singh Aged About 34 Years R/o
Village Geta P.S. Thanda Distt Dhar - (M.P.)
... Applicant(s)
Digitally
signed by
AKHILESH
KUMAR
DEWANGAN
AKHILESH
KUMAR
DEWANGAN
versus
State Of Chhattisgarh Through Station Sakri, District Bilaspur (C.G.)
... Respondent(s)
For Applicant(s) : Mr. Kashi Nath Nande, Advocate.
For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
01/09/2026
This is the third bail application filed under Section 483 of the
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Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail
to the applicant who has been arrested in connection with Crime
No. 104/2025 registered at Police Station Sakri, District Bilaspur
(C.G.) for the offence punishable under Sections 305(a), 331(4),
3(5) of BNS.

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Case of the prosecution, in brief, is that on 27.02.2025,
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complainant, Lalit Sharma lodged a report at Police Station Sakri,
District Bilaspur, stating that on 23.02.2025 at about 07:00 P.M.,
he had locked his house and left for Prayagraj, Uttar Pradesh,
along with his family to attend the Maha Kumbh Mela. On
26.02.2025 at about 07:30 P.M., his neighbour informed him that
the door of his house was open. Upon video calling, he noticed
that the lock of the house had been broken and the articles kept
inside were scattered. On returning home on 27.02.2025, he
found that gold and silver ornaments and other articles,
collectively valued at approximately Rs.95,000/-, had been stolen.
On the basis of the said report, the police registered the offences
against the present applicant. Hence, the bail application.
3. Learned counsel for the applicant submits that this is the third bail
application preferred by the applicant. The second bail application
of the applicant was rejected by this Court vide order dated
19.08.2026 passed in MCRC No. 7698 of 2026, on the ground
that the applicant was having three criminal antecedents of
identical nature. He further submits that out of the aforesaid three
criminal cases, the applicant has already been granted bail in two
cases by this Court vide orders dated 20.08.2026 passed in
MCRC Nos. 7747 of 2026 and 7742 of 2026, and only one case is
now pending against him. He also submits that the applicant is in
custody since 17.03.2025. Accordingly he prays that the applicant
may kindly be released on regular bail.

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On the other hand, learned State Counsel opposes the bail
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application and submits that the charge-sheet has been filed in
the present case. She further submits that the allegation against
the applicant is that he, along with co-accused persons,
committed theft in the complainant’s house by breaking the door
lock while the complainant was away, and thereafter sold the
stolen gold and silver ornaments to a person in Madhya Pradesh.
So far as criminal antecedents of the applicant are concerned, the
applicant has three criminal antecedents of identical nature,
therefore, the applicant is not entitled for grant of bail.
5. I have heard learned counsel appearing for the parties and
perused the case diary.
From perusal of the records, it transpires that this is the third bail
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application of the applicant and second bail application of the
applicant was rejected by this Court vide order dated 19.08.2026
passed in MCRC No. 7698 of 2026 on merit on the ground that
the applicant was having three criminal antecedents of identical
nature, but considering the fact that out of the aforesaid three
criminal cases, the applicant has already been granted bail in two
cases by this Court vide orders dated 20.08.2026 passed in
MCRC Nos. 7747 of 2026 and 7742 of 2026, and only one case is
now pending against the applicant, further the charge-sheet has
been filed and the applicant is in judicial custody since
17.03.2025, as such, this Court is of the view that the applicant is

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entitled to be released on bail in this case.
Accordingly, the application is allowed.
7.
Let the Applicant- Sohabat Singh Bhuriya, involved in Crime No.
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104/2025 registered at Police Station Sakri, District Bilaspur
(C.G.) for the offence punishable under Sections 305(a), 331(4),
3(5) of BNS, be released on bail on his furnishing a personal
bond with two local sureties in the like sum to the satisfaction of
the Court concerned with the following conditions:-
(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
him 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,

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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.
9. Office is directed to send a certified copy of this order to the trial
Court for necessary information and compliance.
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE

Akhil