1 2025:CGHC:19648 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3303 of 2025 1. Pramod Dahariya S/o Shri Devkumar Dahariya Aged About 22 Years R/o Village Bhelwadih, Police Station Rakhi, Tahsil Abhanpur, District Raipur Chhattisgarh. 2. Gulshan Dahariya S/o Shri Basant Dahariya Aged About 24 Years R/o Village Bhelwadih, Police Station Rakhi, Tahsil Abhanpur, District Raipur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through - The Station House OfÏcer, Police Station Abhanpur, District Raipur Chhattisgarh. ... Non-applicant For Applicants : Mr. Rakesh Kumar, Advocate For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 30.04.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as they have been arrested in connection with Crime No. 75/2025, registered at Police Station- Abhanpur, District- Raipur, (C.G.) for the offence punishable under Sections 309(4) of the Bhartiya Nyay Sanhita, 2023 and Section 25 & 27 of the Arms Act. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.05.02 12:33:54 +0530 2 2. The prosecution story in brief, is that on the date of the incident, i.e., 20.02.2025, at around 8:00 PM, the complainant, along with his friend Shamsher Ansari, was returning on his motorcycle after procuring liquor from the liquor shop at Urla. While the complainant was on a phone call, three unknown persons arrived on a Pulsar motorcycle and committed a robbery. They looted Motorcycle No. CG04PQ2699, a Redmi Note 11 Pro Plus mobile phone with an Airtel SIM, and cash amounting to Rs. 1,500/-, making the total value of the loot approximately Rs. 1,66,500/-. Thereafter, Police has registered an offence punishable under Sections 309(4) of the Bhartiya Nyay Sanhita, 2023 and Section 25 & 27 of the Arms Act against the present applicants. 3. Learned counsel for the applicants submits that the present applicants are innocent and have been falsely implicated in this case. He further submits that the applicants have neither committed nor participated in any such act, which may amount to any of the offences, mentioned above, they have been arrested only on the basis of suspicious. He further submits that the evidence collected by the prosecution are also not prima facie sufÏcient to hold the applicants guilty of the aforesaid offences. He further submits that the seizure memo prepared by the prosecution is false. He also submits that the applicants are in jail since 18.03.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 4. On the other hand, the learned State counsel opposed the bail application of the present applicants and submitted that the present 3 applicants have committed a robbery, they looted Motorcycle No. CG04PQ2699, a Redmi Note 11 Pro Plus mobile phone with an Airtel SIM, and cash amounting to Rs. 1,500/-, making the total value of the loot approximately Rs. 1,66,500/-. She also submits that the applicants have 02 other criminal antecedents, therefore, they are not entitled for grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the applicants came near the complainant on their Pulsar motorcycle, one of them kept the motorcycle running, while another showed a knife and pressed it against the complainant’s back, threatening him and they looted the complainant’s mobile phone a Redmi Note 11 Pro Plus with Jio and Airtel SIM cards, valued at approximately Rs. 15,000/-, along with Rs. 1,500/- in cash from his pocket, additionally, by threatening to kill the complainant, all accused also looted his Yamaha R-1/5 V-4 blue-colored motorcycle bearing registration number CG04PQ2699, valued at approximately Rs. 1,50,000/-, the total value of the looted items comes to approximately Rs. 1,66,500/-, further the applicants have 02 criminal antecedents, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail, accordingly, the bail application of applicants – Pramod Dahariya and Gulshan Dahariya, involved in Crime No. 75/2025, registered at Police Station- Abhanpur, District- Raipur, (C.G.) for the offence 4 punishable under Sections 309(4) of the Bhartiya Nyay Sanhita, 2023 and Section 25 & 27 of the Arms Act, is rejected at this stage. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek