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2026:CGHC:6581

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRC No. 1272 of 2026

Aman Faiyaj Sheikh @ Rehan S/o Faiyaj Sheikh Aged About 22 Years R/o

Building No. 01, Kurla West Kurla Maharashtra

... Applicant

versus

State of Chhattisgarh Through Station House OfÏcer, Police Station Amanaka,

Raipur, District Raipur Chhattisgarh

... Non-applicant

For Applicant : Mr. B.L. Sahu, Advocate.

For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Digitally signed

by ABHISHEK

ABHISHEK SHRIVAS Order on Board

SHRIVAS Date:

2026.02.06

11:07:58 05.02.2026

+0530

1. This is the first bail application filed under Section 483 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular

bail to the applicant who has been arrested in connection with Crime No.

250/2025 registered at Police Station Amanaka, District Raipur (C.G.) for

the offence punishable under Sections 305(a), 331(3), and 3(5) of

Bhartiya Nyaya Sanhita, 2023.

2. The case of the prosecution, in brief, is that the complainant lodged a

missing report at the concerned police station stating that, on the date of

the incident, unknown persons entered the house of the complainant by

breaking the lock and committed theft of silver, gold, a mobile phone, and

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some cash amount from his house. On the basis of the complaint made

by the complainant, the police registered a case under Sections 305(a),

331(3), and 3(5) of the Bharatiya Nyaya Sanhita against unknown

persons. Thereafter, during the course of investigation, the police

arrested the present applicant solely on the basis of a memorandum

statement.

3. Learned counsel for the applicant submits that the applicant has not

committed any offence and he has been falsely implicated in offence in

question. He further submits that no recovery, seizure, or incriminating

article whatsoever has been effected from the present applicant in

connection with the present crime. So far as criminal antecedents of the

applicant are concerned, he has three criminal antecedents, including

the present case. In one case, the applicant has preferred a bail

application bearing MCRC No. 1320/2026, which is also listed today at

Serial No. 55, and another case is pending. The applicant is in jail since

06.10.2025, the charge-sheet has been filed and the trial is likely to take

some time for its conclusion. Therefore, he prays for grant of bail to the

applicant.

4. On the other hand, learned State Counsel opposes the bail application

and submits that the charge-sheet has been filed in the present case. He

further submits that the applicant has 03 criminal antecedents of similar

nature, as such, he is a habitual offencer and his bail application is liable

to be rejected.

5. I have heard learned counsel appearing for the parties and perused the

case diary.

6. Taking into consideration the facts and circumstances of the case, the

nature and gravity of the offence, the period of detention of the applicant

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since 06.10.2025, and the fact that, as regards the criminal antecedents

of the applicant, he has three criminal antecedents, including the present

case; that in one case the applicant had preferred a bail application

bearing MCRC No. 1320/2026, which was also listed today at Serial No.

55 and has been allowed today by this Court, and another case is

pending, and further that the charge-sheet has been filed in the present

case, this Court is of the view that the applicant is entitled to be released

on bail in this case.

7. Accordingly, the application is allowed.

8. Let the Applicant-Aman Faiyaj Sheikh @ Rehan, involved in Crime No.

250/2025 registered at Police Station Amanaka, District Raipur (C.G.) for

the offence punishable under Sections 305(a), 331(3), and 3(5) of

Bhartiya Nyaya Sanhita, 2023, 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 n