Manishankar Kurre vs State Of Chhattisgarh

The Applicant has preferred this 1^st Bail Application under SISTLA NEELIMA Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 VISHNU PRIYA for grant of regular bail, as he has been arrested in connection with Crime No.368/2026 registered at Police Station – Sirgitti, District Bilaspur (C.G.), for the offences under Sections 303(2), 111, 309(4) and 3(5) of BNS as also under Sections 25 and 27 of Arms Act.

Briefly stated, the facts of the case are that on 25.05.2026, complainant Sanjay Agrawal lodged a report stating that during the intervening night of 19.05.2026, truck bearing registration No. CG-10-R-1066, driven by Mahavir Soni, was parked in front of Beverage Corporation, Sirgitti, whereupon unknown persons broke open the diesel tank of the truck and committed theft of about 294 litres of diesel worth Rs.28,529/-. On the basis of the report, the offence was registered and investigation was taken up. During investigation, accused persons Sanjay Kurre, the present Applicant and Amit Bhardwaj were taken into custody and their memorandum statements were recorded, wherein they disclosed that they, along with co-accused Shubham Kurre, Bhure Khunte, Deva Khute, Vivek Sande, Purushottam Yadav, Montu Khute and Leelaram Kurre, had committed the theft by breaking open the diesel tank of the said truck. It is further alleged that when the driver Mahavir Soni woke up on hearing the noise, accused Sanjay Kurre and Shubham Kurre threatened him by placing a large knife on his neck and confined him in the cabin. The stolen diesel was allegedly sold to Ayush Shukla, while Naresh Bharti is alleged to have provided the vehicle for committing the theft. Accordingly, a First Information Report was registered against the Applicant for the offences as mentioned above. Hence this application.

Learned Counsel for the Applicant submits that the Applicant is innocent, has been falsely implicated in the present case and is in jail since 27.05.2026. He further submits that the present Applicant has already been granted bail in similar matters vide order dated 04.08.2026 passed in M.Cr.C Nos.7071/2026 and 7075/2026. He lastly submits that conclusion of trial is likely to take considerable time, therefore, the Applicant may be granted bail.

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

I have heard learned counsel for the parties and perused the case diary.

Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the nature of allegations, the period of custody of the Applicant since 27.05.2026, the fact that the Applicant has already been granted bail in similar matters vide orders dated 04.08.2026 passed in M.Cr.C. Nos.7071/2026 and 7075/2026 and the fact that the trial is likely to take considerable time for its conclusion, 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.

Let Applicant- Manishankar Kurre involved in Crime No.368/2026 registered at Police Station – Sirgitti, District Bilaspur (C.G.), for the offences under Sections 303(2), 111, 309(4) and 3(5) of BNS as also under Sections 25 and 27 of Arms Act be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:-

The applicant shall file an undertaking to the effect that he/she 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.

The applicant shall remain present before the trial court on each date fixed, either personally or through his/her counsel. In case of his/her absence, without sufficient cause, the trial court may proceed against him/her under Section 269 of Bharatiya Nyaya Sanhita.

In case, the applicant misuses the liberty of bail during trial and in order to secure his/her 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/her, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita.

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/hyer in accordance with law.

Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.