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2026 DAILYLAW 19657 (CHH)

CHANDRA KUMAR YADAV v. STATE OF CHHATTISGARH

MCRC/2233/2026 · 2026-05-11

body2026

Judgment text

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1 2026:CGHC:22387 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2282 of 2026 Mukesh Chauhan S/o Heera Lal Chauhan Aged About 25 Years R/o Bhakurra, Post Office- Gahira, Police Station And Tahsil- Lailunga, District- Raigarh (C.G.) --- Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, Police Station- Punjipathra, District- Raigarh (C.G.) --- Respondent(s) MCRC No. 2310 of 2026 Irshad Khan S/o Shri Ibrahim Khan Aged About 22 Years R/o Village - Karwarjor, Thana And Tahsil - Lailunga, Distt. Raigarh Chhattisgarh ---Applicant(s) Versus State Of Chhattisgarh Through Station House Officer Punjipathraa, District - Raigarh Chhattisgarh AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 --- Respondent(s) MCRC No. 2233 of 2026 1 - Chandra Kumar Yadav Son Of Rajaram Yadav Aged About 32 Years Resident Of Village Sardega, P.S. And Tahsil - Lailunga, Distt - Raigarh, Chhattisgarh. 2 - Purushottam Pradhan Son Of Bhojraj Pradhan Aged About 32 Years Resident Of Village Mudagaon, P.S. And Tahsil - Lailunga, Distt - Raigarh, Chhattisgarh. ---Applicant(s) Versus State Of Chhattisgarh Through Station House Officer, Police Station Punjipathra, District - Raigarh, Chhattisgarh. --- Respondent(s) MCRC No. 2175 of 2026 Mukesh Kumar Pradhan S/o Setram Pradhan, Aged About 41 Years R/o Village- Rudukela, Police Station And Tahsil Lailunga, District Raigarh C.G. ---Applicant(s) Versus State Of Chhattisgarh Through Station House Officer, Police Station Punjipathra, District Raigarh C.G. --- Respondent(s) 3 For Applicant(s) in MCRC No.2282 of 2026 and 2233 of 2026 : Mr. Ajeet Kumar Yadav, Advocate. For Applicant(s) in MCRC No.2175 of 2026 : Mr. Amit Singh Chauhan, Advocate. For Applicant(s) in MCRC No.2310 of 2026 : Mr. Rajendra Patel, Advocate. For Respondent(s) : Mr. Priyank Rathi, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/05/2026 1. Since the above-mentioned 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. 9/2026 registered at Police Station Punjipathra, District Raigarh (C.G.) for the offence punishable under Sections 303(2), 317(2), 336(3), 340(2), 112(2) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 3. Case of the prosecution, in brief, is that complainant Priyanshu Purohit lodged an FIR on 30.01.2026 at Police Station Punjipathra stating that he is a resident of Ruchida, Police Station Amabhauna, District Bargarh (Odisha) and was working as a Supervisor at Raigarh Ispat Plant, Delari, while residing in the colony situated inside the plant premises. About one year prior to 4 the incident, he had purchased a Hero Splendor Plus motorcycle bearing registration No. OD-17-V-5967 for a consideration of Rs.45,000/-, though the ownership had not yet been transferred in his name. It is alleged that on 21.01.2026 at about 06:00 PM, the complainant had gone to the weekly market at Delari on the said motorcycle and had parked and locked the vehicle in front of the Panchayat Office before going to purchase vegetables. At about 06:30 PM, when he returned, he found that the motorcycle was missing from the spot. Despite making search and enquiry in the nearby area, the motorcycle could not be traced and it was suspected that some unknown person had stolen the same. On the basis of the said report, Crime No. 09/2026 was registered at Police Station Punjipathra for the offence punishable under Section 303(2) of the Bharatiya Nyaya Sanhita against unknown persons. During investigation, accused Mukesh Chauhan disclosed that co-accused Vivek Das Mahant had committed the theft of the complainant’s motorcycle and had kept the same in his possession. It was further revealed that for the last 3-4 months, Vivek Das Mahant had been continuously stealing motorcycles and supplying them to co-accused Chandra Kumar Yadav and Purushottam Pradhan for the purpose of illegal sale. On the basis of memorandum statements and investigation, five stolen motorcycles were recovered from Chandra Kumar Yadav and four motorcycles were recovered from Purushottam Pradhan. 4. It was further disclosed that forged registration certificates of 5 stolen motorcycles were prepared through Lok Seva Kendra operated by accused Ajay Kumar Patel with the assistance of his employee Sanjay Kumar Agariya, and the stolen motorcycles were thereafter sold to different persons including Manish Yadav, from whose possession eight motorcycles along with forged registration cards were seized. Similarly, three motorcycles each were seized from Mukesh Yadav and Irshad Khan and two motorcycles were seized from Mukesh Pradhan. Laptop, printer and other equipment allegedly used for preparation of forged registration documents were also seized from accused Ajay Patel. The prosecution further alleges that the applicants/accused persons, acting in an organized manner and in conspiracy with each other, were involved in theft of motorcycles, preparation of forged registration documents and illegal sale and purchase of stolen vehicles. Accordingly, offences under Sections 317(2), 336(3), 340(2) and 112(2) of the Bharatiya Nyaya Sanhita were added during investigation and the applicants/accused persons were arrested in connection with the offence. As per the prosecution, the accused persons had formed an organized group involved in theft and illegal disposal of motorcycles and approximately 25 motorcycles are alleged to have been stolen by the said group, out of which around 16 motorcycles were recovered from different accused persons. The prosecution also alleges that forged registration certificates were prepared and used as genuine documents for facilitating sale of stolen 6 motorcycles. Hence, the bail application. 5. Learned counsel for the applicants submit that the applicants have not committed any offence and they have been falsely implicated in offence in question. They further submit that only on the basis of memorandum statement and mere suspicion, present applicants have been made accused in the case. So far as criminal antecedents of the applicants are concerned, all applicants, namely, Mukesh Chauhan, Chandra Kumar Yadav, Purushottam Pradhan, Mukesh Kumar Pradhan and Irshad Khan have two criminal antecedents of identical nature registered at case Crime Nos.5 of 2026 and 10 of 2026, against which applicant, namely, Mukesh Chauhan has preferred bail application bearing MCRC Nos.2125 of 2026 and 2296 of 2026, listed today at serial Nos. 76 and 84, applicants, namely, Chandra Kumar Yadav and Purushottam Pradhan preferred common bail application bearing MCRC Nos.2215 of 2026 and 2287 of 2026, listed today at serial Nos.80 and 83, applicant, namely, Mukesh Kumar Pradhan preferred bail application bearing MCRC Nos.2176 of 2026 and 2198 of 2026, listed today at serial Nos.78 and 79 and applicant, namely, Irshad Khan preferred bail application bearing MCRC Nos.2339 of 2026 and 2309 of 2026, listed today at serial Nos.87 and 85. The applicants are in jail since 01.02.2026 and the charge-sheet has been filed in the present case, further the trial is likely to take some time for its conclusion. Therefore, they prays for grant of bail to the 7 applicants. 6. 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 active members of an organized gang involved in systematic theft of motorcycles, preparation of forged registration documents and illegal sale/purchase of stolen vehicles. He also that during investigation it has been revealed that co-accused persons were continuously committing theft of motorcycles for the last several months and were supplying the stolen vehicles to other accused persons for illegal sale after preparing forged registration certificates through Lok Seva Kendra. He later submits that several stolen motorcycles, forged registration cards, laptop, printer and other equipment used in preparation of forged documents have been seized from different accused persons and approximately 25 motorcycles were stolen by the organized group, out of which around 16 motorcycles have been recovered during investigation, three motorcycles have been seized from applicant, Mukesh Chauhan, two motorcycles have been seized from applicant, Mukesh Kumar Pradhan, five motorcycles have been seized from applicant, Chandra Kumar Yadav and three motorcycles have been seized from applicant, Irshad Khan. So far as criminal antecedents of the applicants are concerned, applicants are also involved in other similar criminal cases bearing Crime Nos. 05/2026 and 10/2026 registered at Police 8 Station Punjipathra, therefore, the applicants are habitual offenders and are not entitled for grant of bail. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. From perusal of the records, it prima facie appears that the applicants were members of an organized gang involved in systematic theft of motorcycles, preparation of forged registration documents and illegal sale/purchase of stolen vehicles, further the complainant’s motorcycle was stolen and, during investigation, it was revealed that accused, Vivek Das Mahant and other co-accused persons were continuously committing theft of motorcycles for the last 3–4 months and supplying the same to other accused persons for illegal sale. Several stolen motorcycles were recovered from the possession of different accused persons, forged registration certificates of stolen motorcycles were prepared through Lok Seva Kendra by accused, Ajay Kumar Patel and his employee Sanjay Kumar Agariya, and such forged documents were used for selling stolen vehicles to different purchasers. The investigation further reveals that about 25 motorcycles were stolen by the organized group, out of which around 16 motorcycles were recovered during investigation, three motorcycles have been seized from applicant, Mukesh Chauhan, two motorcycles have been seized from applicant, Mukesh Kumar Pradhan, five motorcycles have been seized from 9 applicant, Chandra Kumar Yadav and three motorcycles have been seized from applicant, Irshad Khan, but considering the criminal antecedents of the applicants, all applicants, namely, Mukesh Chauhan, Chandra Kumar Yadav, Purushottam Pradhan, Mukesh Kumar Pradhan and Irshad Khan have two criminal antecedents of identical nature registered at case Crime Nos.5 of 2026 and 10 of 2026, against which applicant, namely, Mukesh Chauhan has preferred bail application bearing MCRC Nos.2125 of 2026 and 2296 of 2026, listed today at serial Nos. 76 and 84, applicants, namely, Chandra Kumar Yadav and Purushottam Pradhan preferred common bail application bearing MCRC Nos.2215 of 2026 and 2287 of 2026, listed today at serial Nos.80 and 83, applicant, namely, Mukesh Kumar Pradhan preferred bail application bearing MCRC Nos.2176 of 2026 and 2198 of 2026, listed today at serial Nos.78 and 79 and applicant, namely, Irshad Khan preferred bail application bearing MCRC Nos.2339 of 2026 and 2309 of 2026, listed today at serial Nos.87 and 85, the aforesaid bail applications are also allowed today itself by this Court, further considering the period of detention of the applicants in jail i.e. since 01.02.2026 and the fact that charge-sheet has already been filed in the present case, this Court is of the view that the applicants are entitled to be released on bail in this case. 9. Accordingly, the applications are allowed. 10. 9. Accordingly, the applications are allowed. 10. Let the Applicants - Mukesh Chauhan, Irshad Khan, Chandra 10 Kumar Yadav, Purushottam Pradhan and Mukesh Kumar Pradhan, involved in Crime No. 9/2026 registered at Police Station Punjipathra, District Raigarh (C.G.) for the offence punishable under Sections 303(2), 317(2), 336(3), 340(2), 112(2) 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 they 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 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 11 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. 11. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil