1 2025:CGHC:11279-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 391 of 2025 Sampat Kumar Toppo Alias Shobhit S/o Durjan Toppo Aged About 24 Years Villlage-Korima, P.S. And Tehsil- Ambikapur Kotwali, District- Sarguja (C.G.) ... Appellant versus State Of Chhattisgarh Through Officer-In Charge, Police Station- Bagbahar, District- Jashpur (C.G.) ... Respondent(s) For Appellant : Mr.Sunil Tripathi, Advocate For Respondent : Mr.Shashank Thakur, Deputy Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice and Hon'ble Shri Amitendra Kishore Prasad, Judge Judgment on Board Per Ramesh Sinha, C.J. 07/03/2025 1. Heard Mr.Sunil Tripathi, learned counsel for the appellant as well as Mr. Shashank Thakur, learned Government Advocate for the State/respondent. 2. This criminal appeal/application has been filed under Section BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.03.10 10:23:03 +0530 2 21(4) of the National Investigation Agency Act, 2008 (in short 'N.I.A. Act') read with Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 against the order dated 17.01.2025 passed by learned Special Judge (NIA Act), Ambikapur, District Jashpur (C.G.), whereby learned Special Judge has rejected the appellant’s application under Section 439 of the CrPC for grant of regular bail in Special Criminal Case (NIA) No.34/2024 in connection with Crime No.102/2024, registered at Police Station Baghbahara, District Jashpur (C.G.) for offence punishable under Section 489-B, 489-C and Section 120-B of IPC. 3. As per prosecution story, on 30.06.2024, a police informer gave a information to the concerned police station that in a white Alto Car registered as CG 16 CM 9300, one Lalit Maharaj along with Sampat Kumar Toppo (present appellant) are meeting two people from Orissa, near Barrari Canel, Chiknipani with object to exchange fake currency note and to dump that in the market. When the concerned police reached the spot they found white Alto Car, whereby accused Lalit Maharaj along with 2 other accused ran towards the jungle while the driver of the vehicle Sampat Kumar Toppo who remained seated was caught with the vehicle in which they found 150 fake notes of Rs.500/- each worth Rs.75,000/- and true currency notes worth Rs.49,000/- As such, the appellant has been arrested on 30.06.2024 by the police of Police Station Bagbahar, District Jashopur for an alleged offence under Sections 489B, 489C and 120 of the IPC. 3 4. 3 4. It has been argued by learned counsel for the appellant that the appellant is innocent and has been falsely implicated in the present case. He would further submit that co-accused Lalit Kumar Tripathi has been granted regular bail by this Court in CRA No.2061 of 2024 vide order dated 17.12.2024 and the case of the present appellant is similar to that of co-accused, who has granted bail. As such, he is also entitled for grant of bail. 5. On the other hand, learned counsel for the State would oppose this criminal appeal and submit that there is clear evidence regarding the involvement of the present appellant in the alleged offence, therefore, he is not entitled for grant of bail and consequently, the present appeal deserves to be dismissed. 6. We have heard learned counsel for the parties and perused the records. 7. Considering the facts and circumstances of the case, nature and gravity of the offence, the fact that the appellant is in jail since 30.06.2024 and co-accused Lalit Kumar Tripathi has been granted regular bail by this Court in CRA No.2061 of 2024 vide order dated 17.12.2024 and the case of the present appellant is similar to that of co-accused, therefore, without commenting anything on merits of the case, the impugned order rejecting the bail application of the appellant is hereby set aside and the appeal is allowed. 8. He shall be released on bail on his executing bail bond to the 4 satisfaction of the concerned trial Court, on following conditions :- (i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such fact to the Court, (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, (iii) he shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial and (iv) he shall not involve himself in any offence of similar nature in future. Sd/- Sd/- (Amitendra Kishore Prasad) (Ramesh Sinha) Judge Chief Justice Bablu