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2025 DAILYLAW 49221 (CHH)

SAHZAD ANSARI v. STATE OF CHHATTISGARH

MCRCA/1664/2025 · 2025-10-29

body2025

Judgment text

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1 2025:CGHC:53126 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1664 of 2025 1 - Sahzad Ansari S/o Shoukat Ansari Aged About 22 Years R/o Village Okhari Kala Saraidah, Police Station Latehar, District Latehar (Jharkhand), Present Address- Nagar Panchayat Kusmi, Tahsil Kusmi District Balrampur-Ramanujganj C.G. ... Applicant Versus 1 - State Of Chhattisgarh Through Police Station Kusmi District Balrampur- Ramanujganj C.G.(Police Station Name Samripath Wrongly Mentioned In Cause Title Of Bail Rejection Order) ... Non-Applicant For Applicant : Mr. Rohitashva Singh, Advocate For Non-Applicant : Mr. Nitansh Kumar Jaiswal, Panel lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 30.10.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 57/2025 registered at Police Station – Kusmi, District – Balrampur - Ramanujganj (C.G.) for the offence punishable under Sections 303 (2) & 3 (5) of the Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that the complainant lodged report in the Police Station – Kusmi, District – Balrampur - Ramanujganj alleging that his Honda Shine Black Colored Motor Cycle bearing registration No. CG 15 DR 9346 was parked in his shop, which was theft by the unknown person after breaking lock at night 12 o'clock, as per the said report lodged by the complainant crime was registered against the unknown person and during 2 investigation one Enul Ansari was investigated and he admitted he theft the bike and also given memorandum statement that he has made a deal to sell it to present applicant for Rs. 1000/- as per the memorandum of co-accused Enul Ansari. Thereafter, crime was registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent, he has not committed any offence as alleged. He submits that there is no material available against the applicant and no specific allegation or evidence is available against him, he has been made accused only on the basis of the memorandum statement of the co-accused Enul Ansari. Applicant is owner of the bike repairing shop and thus, the offending motorcycle was only parked in his shop for repair and he has not purchased the vehicle from the co-accused and thus, the applicant may be granted anticipatory bail. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that present applicant there are specific allegations of purchasing the stolen vehicle from the co-accused person and there is prima facie material available against the applicant. Thus, the applicant may not be granted anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence and material on record in the case diary, and the allegations leveled against the applicant, therefore, I am not inclined to grant bail to the applicant. 7. Accordingly, the bail application of the applicant – Sahzad Ansari, involved in Crime No. 57/2025, registered at Police Station – Kusmi, District – Balrampur-Ramanujganj (C.G.) for the alleged commission of offence punishable under Sections 303 (2) & 3 (5) of the Bharatiya Nyaya Sanhita, 2023, stands rejected. Sd/- Sd/- (Ramesh Sinha) Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY