Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:2750 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 89 of 2026 Amit Kushwaha S/o Lalchand Kushwaha Aged About 26 Years R/o Village And Post Basantpur, P.S. Basantpur, Tahsil Ambikapur, District Sarguja,Chhattisgarh ...Applicant
versus State Of Chhattisgarh Through - The Station House Officer, Police Station Kotwali Ambikapur, District Sarguja (C.G.) ... Non-applicant
For Applicant : Mr. Rishabh Dev Singh, Advocate. For Non-applicant/State : Mr. Priyank Rathi, Government Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 16.01.2026
1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory Bail, apprehending his arrest in connection with Crime No. 592/2025, registered at Police Station – Kotwali Ambikapur District – Sarguja (C.G.) for the alleged commission of offence VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.19 16:57:31 +0530
2 punishable under Sections 303(2), 317(2), 318(4), 111 & 3(5) of the BNS. 2. Case of prosecution in brief, is that, complainant lodged a report with the concerned police station stating that on 21.08.2025, he had parked his pickup vehicle near his room, but on the following day, i.e., the date of the incident, the vehicle was missing from the parking spot. Acting upon the said complaint, the police registered a case under Sections 303(2), 317(2), 318(4), 111, and 3(5) of the B.N.S. against unknown persons. During the course of investigation, based on the memorandum statements of the main accused persons, the present applicant was identified and subsequently arrested by the police. The investigation revealed the involvement of the applicant in the alleged offence, and arrest proceedings were initiated against him accordingly. 3. The applicant is innocent and has been falsely implicated in the alleged crime on the basis of a false and fabricated complaint made by the complainant. He further submits that applicant has not committed any of the offences ascribed to him. The applicant is not involved in the theft of the subject vehicle or any other alleged offence, and his inclusion as an accused is based solely on the memorandum statements of the main accused, which are false and baseless. No article has been seized from the applicant, nor is there any material evidence to connect him with the alleged theft or offence under Sections 303(2), 317(2), 318(4), 111, and 3(5) of the B.N.S. The allegations against him are entirely
3 fabricated and premised only on suspicion, and a prima facie case is not made out from the record. The applicant is a reputed and innocent person, and his arrest in this false case would adversely affect his standing in society. The registered offence falls within the jurisdiction of the Judicial Magistrate First Class. The applicant is a permanent resident at the address mentioned in the cause title and there is no likelihood of his absconding.
He is ready to abide by all directions and conditions that may be imposed by this Hon’ble Court. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the
submissions made by the counsel for the applicant.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the nature and gravity of the offence and on perusal of the material available on record, including the case diary, it is evident that the complainant lodged a report stating that on 21.08.2025, he had parked his pickup vehicle near his room, which was found missing the next day. Acting upon the complaint, a case was registered under Sections 303(2), 317(2), 318(4), 111, and 3(5) of the B.N.S. against unknown persons. During the investigation, based on the memorandum statements of the main accused, the present applicant was identified and arrested. The investigation has revealed sufficient material indicating the
4 involvement of the applicant in the alleged offence. In view of the seriousness and gravity of the offence and the material collected during investigation, this Court finds no ground to grant bail to the applicant. Accordingly, the bail application is rejected.
7. Accordingly, the anticipatory bail application of the applicant – Amit Kushwaha, involved in Crime No. 592/2025, registered at Police Station – Kotwali Ambikapur District – Sarguja (C.G.) for the alleged commission of offence punishable under Sections 303(2), 317(2), 318(4), 111 & 3(5) of the BNS, is rejected. Sd//- (Ramesh Sinha) CHIEF JUSTICE vaibhav