1 2026:CGHC:11958 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2349 of 2026 Ashish Rathore S/o Ramkhilwan Aged About 35 Years R/o House No.32 Eco C.G. City, Dadar Road, Bhilai, Purani Bhilai, District - Durg, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through P.S. Kumhari, District – Durg, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Sabyasachi Bhaduri, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.03.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 239/2025, registered at Police Station – Kumhari, District – Durg (C.G.) for the offence punishable under Sections 316(5), 318(3), 217 and 248(b) of the BNS. 2. The case of the prosecution, is that on 07.12.2025, the applicant Ashish Rathore lodged a written complaint at the Kumhari police station to the effect that he had taken the franchise for loading cash in the ATM of Hitachi Company, which was opened on 06.12.2025 at Khursipar ACC Chowk, Hathkhoj, Umda, After loading cash in the ATM of Jarwai Road, Charoda, Kumhari, Tendua, he was going from Tendua to Murmunda Dadar on his motorcycle with Rs. 14,60,000/- in a bag for RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 loading cash. On the way, near Kapasada, three unknown persons threatened him and looted Rs. 14,60,000/- kept in the bag and fled. On the said complaint of the applicant Ashish Rathore, the Kumhari police station registered crime number 239/2025 under section 309 (4) of the Indian Penal Code against the unknown person and the matter was taken into investigation. 3. On being questioned during investigation, Ashish Rathore told that on getting information that the company can easily get insurance due to police report of cash theft, he deposited Rs. 7,90,000/- in Khursipar ATM, Rs. 2,70,000/- in Hathkhoj ATM and Rs. 4,00,000/- in Tendu ATM on 06.12.2025 in excess, totaling Rs. 14,60,000/-. On telling that a false report of robbery of the said excess amount was lodged, the offence under section 309 (4) BNS was removed and sections 316(5), 318(3), 217, 248(b) BNS were added and the applicant/accused was arrested. Hence, this application. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and the charge- sheet has been filed in this case. It is further submitted that Hitachi Payment Services Private Limited has duly issued a written certificate acknowledging receipt of the entire outstanding amount from the applicant, and the said company has expressly stated that it does not intend to initiate or pursue any legal action against the applicant in respect to the present matter. The applicant is in jail since 07.12.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 3 5. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case, and the applicant he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that Hitachi Payment Services Private Limited has duly issued a written certificate acknowledging receipt of the entire outstanding amount from the applicant, and the said company has expressly stated that it does not intend to initiate or pursue any legal action against the applicant in respect to the present matter, charge-sheet has been filed against the applicant, the applicant is in jail since 07.12.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. 8. Let applicant, Ashish Rathore, involved in Crime No. 239/2025, registered at Police Station – Kumhari, District – Durg (C.G.) for the offence punishable under Sections 316(5), 318(3), 217 and 248(b) of the BNS, 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:- (i) The applicant shall file an undertaking to the effect that he 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 4 bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his 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, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) 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 in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar