1 2025:CGHC:43046 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5936 of 2025 Arbaaz Ansari S/o Mobin Ansari Aged About 25 Years R/o Dabaripara, P.S. Baikunthpur, District- Koriya Chhattisgarh. ... Petitioner versus State of Chhattisgarh through- Station House Officer, Police Station- Baikunthpur, District- Koriya Chhattisgarh. ... Respondent For the the applicant : Mr. Pawan Shrivastava, Advocate For the respondent : Ms. Sunita Manikpuri, Deputy Govt. Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 25/08/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 120/2025 registered at Police Station - Baikunthpur, District Koriya (C.G.), for the offence punishable under Sections 103(1), 238(A), 61(2)(a) of BNS Act. 2. (i) The case of the prosecution, in brief, is that a missing report was registered on 26.03.2025, regarding Ashok Kumar, based on information from Shanta Kurre (wife of Ashok Kumar). Later, on 29.03.2025, a Dehati Merg Intimation and Dehati Nalisi were 2 registered on the information of Shanta Kurre. The investigation revealed that Ashok Kumar was physically and mentally harassing his wife Shanta Kurre and daughter Sarita Kurre which forced them to leave their home. Allegedly, the co-accused Shahnaz Begum and her son Tausif Khan conspired with Shanta Kurre and others to murder Ashok Kumar for a ransom of Rs. 50,000/-. In furtherance of the conspiracy, Tausif Khan, Amanul alias Baba Khan, Sarita (daughter of deceased), and Shanta (wife of deceased) collectively murdered Ashok Kumar on 19.03.2025. (ii) The allegation against the present applicant is that he opened all the parts of CBZ Motorcycle No. C.G.16/F-3153 which was used to dispose off the body of deceased and the parts of the said Motorcycle were opened and separated by this applicant along with co-accused Amanul Haque and Tausif. The wrench/screw driver with which he has opened the parts of the vehicle was kept in his house and the same was recovered from him and on the basis of such recovery the applicant has been arrested. 3. Learned counsel for the applicant submits that there is no evidence to connect the present applicant with the crime in question and he has been falsely implicated in this case. It is argued that the applicant has been arrested merely on the memorandum of co- accused persons and nothing incriminating material has been seized from his possession except a wrench/Screw Driver which was kept in his house after opening of the parts of CBZ motorcycle at the instance of other accused Amanul Haque and Tausif and the present applicant was not shown to be present at the scene of the crime. The applicant has no criminal antecedents and has been in jail since 31.03.2025. He next submits that co-accused Smt. Sahnaaz Begam has been granted regular bail by this Court on 14.07.2025 in M.Cr.C.no.4933 of 2025. He submits that although the charge sheet has been filed, there is no immediate possibility of disposal of the case, therefore, the present applicant may be released on bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the present applicant tried to dismantle the parts of the offending vehicle at the instance of other accused Amanul Haque and Tausif. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Having considered the submission made by the learned counsel for the parties and the role assigned to the applicant that he has opened the parts of motorcycle with a wrench/screw driver which he kept in his house at the instance of other main accused and further looking to the custody of the applicant and the trial is likely to take considerable time to conclude, I deem it appropriate to grant bail to the applicant at this stage. 7. Accordingly, the application is allowed and it is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court on each and every date to be given to him by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. CC as per rules. Sd/- (Sanjay Kumar Jaiswal) Judge Rao