SADIK KHAN vs STATE OF CHHATTISGARH

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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
Digitally
signed by
ABHISHEK
SHRIVAS
Date:
2026.09.02
16:53:07
+0530
ABHISHEK
SHRIVAS
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

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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

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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:-

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(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