BABLU vs STATE OF CHHATTISGARH

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CGHC010335972026 2026:CGHC:38614
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No.8069 of 2026
1 - Bablu S/o Lt. Badan Khan Aged About 57 Years Resident Of
Village Karra, Ratanpur District Bilaspur (C.G.), Permanent
Resident Of Gora Bazar, District Jabalpur (M.P.)
2 - Amur Khan S/o Natthu Khan Aged About 66 Years Resident Of
Village Karra, Ratanpur District Bilaspur (C.G.), Permanent
Resident Of Gora Bazar, District Jabalpur (M.P.)
3 - Ameen Khan S/o Hakeem Khan Aged About 41 Years Resident
Of Village Karra, Ratanpur District Bilaspur (C.G.), Permanent
Resident Of Gora Bazar, District Jabalpur (M.P.)
4 - Habeem Khan S/o Darbar Khan Aged About 35 Years Resident
Of Village Karra, Ratanpur District Bilaspur (C.G.), Permanent
Resident Of Gora Bazar, District Jabalpur (M.P.)
5 - Shahruk Khan S/o Naseem Khan Aged About 22 Years
Resident Of Village Karra, Ratanpur District Bilaspur (C.G.),
SISTLA
NEELIMA
Permanent Resident Of Gora Bazar, District Jabalpur (M.P.)
VISHNU
PRIYA
Digitally signed by
SISTLA NEELIMA
VISHNU PRIYA
Date: 2026.09.01
15:43:55 +0530

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6 - Mohammad Achchan S/o Mohammad Eliyas Aged About 33
Years R/o Village Karra, Ratanpur District Bilaspur (C.G.),
Permanent Resident Of Rajpur, Rajakpur, District Amroha (U.P.)
... Applicants
versus
State Of Chhattisgarh Through, P.S. Kota, Bilaspur, Distt. Bilaspur
(C.G.) ... Non-applicant
_____________________________________________________
For Applicants :Mr. Awadh Tripathi, Advocate.
For Non-applicant/State :Mr. Sourabh Sahu, PL.
Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
01.09.2026
st
1. The Applicants have preferred this 1 Bail Application under
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023
for grant of regular bail, as they have been arrested in
connection with Crime No.386/2026 registered at Police
Station – Kota, District Bilaspur (C.G.), for the offences under
Sections 331(4), 305(A) and 3(5) of BNS.
2. According to the case of the prosecution, during the
intervening night of 17.05.2026 and 18.05.2026, between
10:00 p.m. and 5:30 a.m., at Village Newra, within the
jurisdiction of Police Station Kota, District Bilaspur, the lock of
the house of complainant Rajesh Singh was allegedly broken

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and 13 goats and bucks, collectively valued at approximately
Rs.65,000/-, were stolen. Accordingly, the aforesaid offences
were registered against the Applicants, alleging their
involvement in the commission of the said offence. Hence
this application.
3. Learned Counsel for the Applicants submits that the
Applicants are innocent and have been falsely implicated in
the present case. It is submitted that the complainant, upon
coming to know that the Applicants were not involved in the
alleged offence, has entered into a compromise and
expressed no objection to their release on bail. It is further
submitted that the investigation is complete and charge-sheet
has been filed, no further custodial interrogation or seizure is
required and the offence is triable by the learned Magistrate
First Class. He further submits that the Applicants have
already been granted bail in two other cases involving similar
allegations of theft of goats and cattle, are in custody since
30.07.2026 and the trial is likely to take considerable time for
its conclusion, therefore, they may be released on bail.
4. Contrarily, learned State Counsel opposes the bail application
and submits that case diary is not available.
5. Considering the submissions advanced by learned Counsel
for the parties, the fact that the Applicants are in custody

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since 30.07.2026, the investigation is complete and charge-
sheet has been filed, the complainant has expressed no
objection to their release on bail and the Applicants have
already been granted bail in two other cases involving similar
allegations, coupled with the fact that the trial is likely to take
considerable time, 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. Accordingly, the
bail application is allowed.
6.
Let Applicants- Bablu, Amur Khan, Ameen Khan, Habeem
Khan and Shahruk Khan involved in Crime No.386/2026
registered at Police Station – Kota, District Bilaspur (C.G.), for
the offences under Sections 331(4), 305(A) and 3(5) of BNS
be released on bail on their furnishing a personal bond with
two local sureties each in the like sum to the satisfaction of
the Court concerned with the following conditions:-
(i) The applicant/s shall file an undertaking
to the effect that he/she/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/her/their
counsel. In case of his/her/their absence,
without sufficient cause, the trial court may

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proceed against him/her/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/her/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/her/them,
in 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/her/them in accordance with
law.
7. 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
Priya