1 2026:CGHC:6633 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10116 of 2025 • Vikas Mehto S/o Lt. Shri Lal Chand Mehto Aged About 38 Years R/o Nayatola, Kalyani Maharajpur Bazar, P.S. Taljhari, Distt. Sahbganj, Jharkhand. ... Applicant versus • State of Chhattisgarh Through P.S. Gudhiyari, Distt. Raipur, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Ms. Prachi Diwan, Advocate For Respondent/State : Ms. Vaishali Mahilong, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05/02/2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 327/2025, registered at Police Station Gudhiyari, District – Raipur (C.G.) for the offence punishable under Sections 303(2), 317(2), 317(4), 317(5), 111, 3(5) of BNS. 2. The case of the prosecution, is that as per the impugned order as well as FIR, the facts of the case is that complainant lodged report before the Police Station Gudhiyari that on 22.06.2025 at about was 7.00 Am morning when he was buying vegetable at Pahadi Chowk Gudhiyari and after buying vegetable he put his hand in his packet to VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.07 10:59:41 +0530 2 take out mobile, but his mobile was not there, his mobile was stolen by someone and after sometime Rs. 99,000/- withdrawn through his phonepay and during investigation it is found that applicant was received stolen amount in the form, On the basis of co accused memorandum the police registered the aforesaid case against the applicant and other co-accused. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the charge-sheet has already been filed and no prima facie case is made out against the present applicant. The police have not submitted any document nor produced any documentary evidence to show the involvement of the applicant in the alleged offence in any manner whatsoever. It is further contended that no mule accounts were found in the name of the applicant, the alleged mobile phone was never used in the commission of the offence, and the applicant never received any amount from any person. The applicant has been in judicial custody since 23.07.2025, and the trial is likely to take considerable time for its conclusion. Hence, the applicant prays for grant of bail. 4. Per contra, learned State counsel opposes the bail application and submits that although the applicant has no criminal antecedents, pursuant to this Court’s order dated 09.12.2025, the Investigating Officer has filed an affidavit stating that during investigation it was found that the present accused was working with an organized gang involved in stealing mobile phones. It is submitted that the main accused, Yasin Quraishi, along with the present applicant and other co-accused persons, were involved in the offence. As per the memorandum statement of the main accused, it is categorically 3 stated that he received money into his account from Rajan @ Sheikh Suleman and Ankit Sharma, for which he obtained a sum of Rs.25,000/-, and thereafter the said money and the mobile phones were used in the commission of the crime. It is further submitted that the bail application of the main accused, namely Yasin Quraishi, has already been rejected by this Court; therefore, the present applicant is also not entitled to grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, the nature of allegations levelled against the present applicant, and the submissions made by learned counsel for the parties, and further considering that the applicant has no criminal antecedents, no amount has been credited to the bank account of the applicant, and that he has been in judicial custody since 23.07.2025, and as the conclusion of the trial is likely to take a considerable time, this Court is of the opinion that it is a fit case for grant of regular bail to the applicant. 7. Accordingly, this bail application of applicant – Vikas Mehto involved in Crime No.327/2025, registered at Police Station Gudhiyari, District – Raipur (C.G.) for the offence punishable under Sections 303(2), 317(2), 317(4), 317(5), 111, 3(5) of 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 4 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 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. 8. 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 vaishali