1 CGHC010182622026 2026:CGHC:30016 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4291 of 2026 1 - Amit Prajapati S/o Rambalak Prajapati Aged About 35 Years R/o Ravanbhata, Shankarpara, Bike Repair Shop Supela Bhilai, District- Durg (C.G.) 2 - Mohammad Mubarak @ Mubbo S/o Mohmma Mumtaj Aged About 22 Years R/o Arjun Nagar Camp 01, Near Krishna Grocery, Shop Sangram Chowk, Police Station Vaishali Nagar District- Durg (C.G.) --- Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Bhilai Nagar, District- Durg (C.G.) --- Non-applicant(s) For Applicants : Mr. Aman Pandey, Advocate. For Non-applicants/State : Mr. Shailendra Sharma, Panel Lawyer. MCRC No. 5984 of 2026 Abdul Wazid Ali S/o Rustam Ali Aged About 21 Years R/o Sangram Chowk Near Munmun Grocery Shop P/s Vaishali Nagar Durg (C.G.) ---Applicant(s) Versus State Of Chhattisgarh Through- S H O P/s Bhilai Nagar, Durg (C.G.) ---- Non-Applicant(s) For Applicants : Mr. Aakash Mishra, Advocate. For Non-applicants/State : Mr. Shailendra Sharma, Panel Lawyer. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/07/2026 1. Since all the above bail applications are arising out of same incidents registered at same police station and also the offences are same but the applicants are different, so they are being heard and decided by this common order. 2. The applicant has preferred this First Bail Application under Section 483 of BNSS for grant of regular bail, as they have been arrested in connection with Crime No.11/2026, registered at Police Station Bhilai Nagar, District: Durg (C.G.) for the offence punishable under Sections 303(3), 112(2), 3(5) of BNS. 3. Case of the prosecution, in brief, is that on 01.01.2026, the complainant Sambhu Yadav had parked his motorcycle bearing registration No. CG-07-AB-0301 in the parking area near Hanuman Mandir, Sector-9, Bhilai. After returning, he found that the motorcycle had been stolen by some unknown person. Accordingly, an FIR was registered against unknown offenders. During the course of investigation, the police apprehended the present applicants, namely Amit Prajapati, Mohammad Mubarak @ Mubbo and Abdul Wahid Ali, along with other co-accused. It is alleged that, on the basis of the memorandum statements of the accused persons, the stolen motorcycle belonging to the complainant was recovered from the possession of applicant Abdul Wahid Ali. After completion of the investigation, the police filed the charge-sheet before the competent Court against the present applicants and 3 other co-accused persons for the aforesaid offence. 4. Learned counsel for the applicants submit that the present applicants are innocent persons and have been falsely implicated in the present case. They further submit that the investigation has already been completed and the charge-sheet has been filed before the competent Court. It is submitted that the present applicants have been implicated only on the basis of the memorandum statements and no independent material is available to connect them with the alleged offence. They further submit that the applicants are in judicial custody since 16.02.2026. They fairly submit that on the basis of the same incident, arrest and seizure, the applicants have been roped in by the police in other cases which are herein that applicant Amit Prajapati has four criminal antecedents, out of which three cases relate to similar offences of theft and one case pertains to the Excise Act, all of which have been duly explained in the covering memo annexed with the bail application. They further submit that applicant Mohammad Mubarak @ Mubbu has three criminal antecedents, all relating to offences of theft, which have also been explained, whereas applicant Abdul Wahid Ali has four criminal antecedents, out of which three cases relating to theft are still pending and in one case registered under the IPC, he was convicted with a sentence of fine by the Juvenile Justice Board, which has also been duly explained in the bail application. They further submit that one stolen motorcycle each has been recovered from the possession of each of the applicants. Therefore, they prays that the applicants be 4 released on bail. 5. On the other hand, learned State counsel opposes the bail application and submits that one stolen motorcycle each has been recovered from the possession of the present applicants. He further submits that applicant Amit Prajapati has four criminal antecedents, out of which three cases relate to offences of theft and one case pertains to the Excise Act. Applicant Mohammad Mubarak @ Mubbo has three criminal antecedents, all relating to offences of theft. Applicant Abdul Wahid Ali has four criminal antecedents, out of which three cases relate to offences of theft and in one case registered under the IPC, he was convicted by the Juvenile Justice Board and sentenced to pay fine. He further submits that three theft cases against each of the applicants arise out of the same incident have been explained by the counsel for the applicants and further the applicants are involved in multiple criminal cases and therefore, they are not entitled to be enlarged on 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 the offence, period of detention of the applicants since 16.02.2026, the fact that the charge-sheet has already been filed before the competent Court and also considering the criminal antecedents of the applicants and the recovery of one stolen motorcycle from the possession of each of the applicants, as explained by the learned counsel for the applicants and no further 5 custodial interrogation of the applicants is required and the trial is likely to take some time for its conclusion, therefore, without commenting anything further on the merits of the case, I am inclined to grant bail to the applicants. 8. Accordingly, the bail applications of the applicants are allowed. 9. Let the Applicants- Amit Prajapati, Mohammad Mubarak @ Mubbo and Abdul Wazid Ali, involved in Crime No.11/2026, registered at Police Station Bhilai Nagar, District: Durg (C.G.) for the offence punishable under Sections 303(3), 112(2), 3(5) 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 misuses the liberty of bail during trial and in order to secure their presence, 6 proclamation under Section 84 of BNSS. is issued and the applicants fails 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 deliberated 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 concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Kunal