1 2026:CGHC:4946 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 968 of 2026 1 - Rahman Khan S/o Rasid Khan Aged About 23 Years R/o Ward No. 03, Pandariya Gandai, Police Station And Tahsil Gandai, District Khairagarh- Chhuikhadan-Gandai C.G. 2 - Imran Khan @ Arman S/o Salim Khan Aged About 23 Years R/o Ward No. 06, Ranibagicha Gandai, Police Station And Tahsil Gandai, District Khairagarh-Chhuikhadan-Gandai C.G. --- Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Gandai, District Khairagarh-Chhuikhadan-Gandai C.G. --- Respondent(s) MCRC No. 973 of 2026 Yaqub Khan S/o Latif Khan Aged About 22 Years R/o Ward No. 03, Pandariya Gandai, Police Station And Tahsil Gandai, District Khairagarh- Chuikhadan-Gandai (C.G.) ---Petitioner(s) Versus AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 State Of Chhattisgarh Through- Station House Officer, Police Station- Gandai, District Khairagarh-Chuikhadan-Gandai (C.G.) --- Respondent(s) For Applicant(s) : Mr. Abhishek Sharma, Advocate. For Respondent(s) : Mr. Saumya Rai, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/01/2026 1. The above mentioned two bail applications arise out of same crime number, they are clubbed and heard together, and are being disposed of by this common order. 2. These are the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 354/2025 registered at Police Station Gandai, District Khairagarh-Chuikhadan-Gandai (C.G.) for the offence punishable under Sections 126(2), 318(4), 308(5), 309(4), 309(6), 312 of BNS. 3. Case of the prosecution, in brief, is that the complainant Mohd. Sadab, along with his friend Naushad, went to Gandai on a scooty for selling suit (fabric). At about 12:00 noon, two unknown persons showed interest in purchasing the suit and asked the complainant to accompany them to their house. When the complainant and his friend reached a desolate place, two other accused persons also 3 arrived at the spot. One of the accused showed a knife and threatened to kill them, while another co-accused assaulted Naushad and demanded money. Under threat, the complainant first handed over ₹4,000–5,000 in cash. Thereafter, the accused persons forcibly demanded money through UPI, pursuant to which Rs.3,900/- was transferred from the complainant’s mobile and further amounts of Rs.49,500/- and Rs.19,600/- were transferred from the mobile phone of his friend, totaling Rs.73,000/-. The accused persons also snatched the suit fabric from the complainant. Subsequently, the applicants along with three other accused persons was arrested for the offences punishable under Sections 126(2), 318(4), 308(5), 309(4), 309(6) and 312 of the BNS. Hence, the bail application. 4. Learned counsel for the applicants submits that the applicants have not committed any offence, only on the basis of memorandum statement, present applicants have been implicated. He further submits that seizure of cutting knife and Rs.1,000/- has been made from applicant, Rahman Khan and seizure of one Pulsar bike, one mobile and Rs.1,000/- has been made from applicant, Yaqub Khan. The applicants are in jail since 10.10.2025, so far as criminal antecedents of the applicants are concerned, applicant, Rahman Khan has one criminal antecedent of the year 2024, in which he has already been acquitted, applicant, Imran Khan has one criminal antecedent of the year 2025 under Gambling Act, which is pending and applicant Yaqub Khan has four criminal antecedents of the years 2024, 2023, 2022, out of which, in three cases, applicant has 4 already been acquitted and only one case is pending against him, which is of the year 2023 under the Excise Act, further the charge- sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 5. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicants are alleged to have participated in the armed robbery by threatening the complainant, forcibly extorting cash and UPI amounts, and snatching suit fabric along with co-accused persons, so far as criminal antecedents of the applicants are concerned, applicant, Rahman Khan has one criminal antecedent of the year 2024 under the BNS, applicant, Imran Khan has one criminal antecedent of the year 2025 under Gambling Act and applicant, Yaqub Khan has four criminal antecedents of the years 2024, 2023 and 2022 under the BNS and Excise Act, therefore, the applicants are not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 10.10.2025, the fact that though the applicants are alleged to have participated in the armed robbery by threatening the complainant, forcibly extorting cash and UPI amounts, and snatching suit fabric along with co-accused persons, but 5 considering the criminal antecedents of the applicants, applicant, Rahman Khan has one criminal antecedent of the year 2024, in which he has already been acquitted, applicant, Imran Khan has one criminal antecedent of the year 2025 under Gambling Act, which is pending and applicant Yaqub Khan has four criminal antecedents of the years 2024, 2023, 2022, out of which, in three cases, applicant has already been acquitted and only one case is pending against him, which is of the year 2023 under the Excise Act, further the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the application is allowed. 9. Let the Applicants - Rahman Khan, Imran Khan @ Arman and Yaqub Khan , involved in Crime No. 354/2025 registered at Police Station Gandai, District Khairagarh-Chuikhadan-Gandai (C.G.) for the offence punishable under Sections 126(2), 318(4), 308(5), 309(4), 309(6), 312 of BNS, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants 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 bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without 6 sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil