1 2026:CGHC:22333 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4392 of 2026 Arbaaz Khan S/o Sher Khan, Aged About 19 Years R/o Noor Khan House No. 12/126 Chunabhatti Raman Mandir Ward 14 Fafadih, District- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through P.S. Ganj Thana, District- Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Sanjay Kumar Soni and Mr. Ravikant Soni, Advocate. For Non-Applicant/States : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.05.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 56/2026 registered at Police Station - Ganj Thana, District- Raipur (C.G.), for the offences punishable under Sections 304(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution is that on 04.02.2026, the complainant went to Titlagarh, Orissa, for work at Sheetal Agency. After completing the work, he boarded a train from Titlagarh at about 8:00 PM on 04.02.2026 and reached Raipur Railway Station on 05.02.2026 at approximately 1:10 AM. Thereafter, while proceeding on foot near Chunabhatti Expressway carrying a dark blue pitthu bag and looking for an auto-rickshaw, two to PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.13 11:19:19 +0530 2 three unknown boys suddenly approached him, pushed him, and snatched the pitthu bag from his hand. He raised an alarm, but no one was present on the road. The accused persons allegedly took away cash amounting to Rs. 4,500/-, two power spectacles worth Rs. 3,000/- each, and a receipt book of Sheetal Agency worth Rs. 10,500/- from his bag, and thereafter fled towards Chunabhatti. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the aforesaid case. It is further submitted that the charge-sheet has already been filed. Learned counsel further submits that the FIR was lodged against unknown person. Further, the applicant has one previous criminal antecedents. It is also submitted that the applicant is in judicial custody since 03.03.2026. Therefore, it is prayed that the present applicant be released on regular bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has already been filed in the present case. He further submits that the allegation levelled against the applicant is that he looted an amount of Rs. 4,500/- from the complainant. It is also submitted that the applicant has one previous criminal antecedent, hence, he is not entitled to the grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegations and the material available on record, the fact that, the charge-sheet has already been filed and the applicant has one previous criminal antecedents, further the applicant is in judicial custody since 03.03.2026, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the Applicant – 3 Arbaaz Khan, involved in Crime No. 56/2026 registered at Police Station - Ganj Thana, District- Raipur (C.G.), for the offences punishable under Sections 304(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing 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 she 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 applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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 4 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 her 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 Preeti