1 CGHC010274122026 2026:CGHC:30460 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6422 of 2026 Sagar Kanwar S/o Chhatru Kanwar, Aged About 20 Years R/o Ratakhar Korba Thana - Kotwali, Distt. Korba (C.G.) Permanent R/o Village - Bundeli, Out Post - Rajgamar, Thana- Balko Nagar, Distt- Korba (C.G.) ... Applicant versus The State of Chhattisgarh Through S.H.O. Police Station - Kusmunda, Distt. Korba (C.G.) ... Non-applicant For Applicant : Mr. Arvind Prasad, Advocate For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board 17.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of B.N.S.S. for grant of regular bail, as he has been arrested in connection with Crime No. 12/2026, registered at Police Station- Kusmunda, District- Korba, (C.G) for the offence punishable under Sections 309(4), 309(6), 324(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 25 of the Arms Act. 2. The prosecution case, in brief, is that on 15.01.2026, the complainant, Rostam Ansari, lodged an oral report stating that while RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 he was sleeping in his trailer bearing registration No. CG-04-NU- 9048 near Barrier No. 6, Kusmunda Mines, during the intervening night of 13/14.01.2026, two unknown persons arrived on a scooter, broke the driver’s side window of the trailer and entered the vehicle armed with knives. It is alleged that one of the assailants placed a knife on the complainant’s neck while the other threatened him with a knife, forcibly took away his purse containing Rs. 8,000/- in cash and his Nothing A-2 mobile phone, and compelled him to disclose the password of his PhonePe account by threatening to kill him and assaulting him with the handle of a knife. After committing the robbery, the assailants fled from the spot on their scooter. During investigation, with the assistance of the Cyber Cell, Korba and on the basis of information received from an informant, the present applicant and a juvenile in conflict with law were apprehended. Upon interrogation, they allegedly admitted their involvement in the incident and memorandum statements were recorded in the presence of witnesses. Finding sufficient material against the applicant, the police filed the charge-sheet before the competent Court. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the FIR was initially lodged against unknown persons and the complainant had not named or identified the applicant at any stage of the occurrence. Learned counsel further submits that no Test Identification Parade (TIP) was conducted during the course of investigation to establish the identity of the 3 applicant as one of the alleged perpetrators of the offence, thereby rendering the prosecution case doubtful. It is argued that the implication of the applicant is based primarily on the memorandum statement of the co-accused, which by itself does not constitute substantive evidence for establishing his involvement in the crime. He submits that apart from the said memorandum statement, there is no reliable material connecting the applicant with the alleged incident. He also submits that the applicant has no previous criminal antecedents, and he is in jail since 16.01.2026, 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 applicant. 4. On the other hand, learned State Counsel appearing for the State/non-applicant opposes the bail application and submits that in the present case the charge-sheet has been filed before the competent Court. She also submits that the allegations against the applicant are serious in nature, involving the commission of a violent robbery wherein the complainant was threatened at knife-point, assaulted and deprived of his cash and mobile phone during the late hours of the night. It is contended that during the course of investigation, the involvement of the applicant surfaced on the basis of information collected by the investigating agency, including the memorandum statements of the accused persons and other corroborative material gathered with the assistance of the Cyber Cell, Korba. Learned State counsel submits that the absence of a Test Identification Parade is not fatal to the prosecution case at this stage and the evidentiary value of the material collected during 4 investigation is a matter to be appreciated during trial. It is further submitted that sufficient incriminating material has been collected against the applicant and, considering the gravity of the offence and the manner in which it was allegedly committed, no indulgence is warranted. Accordingly, learned State counsel prays for rejection of the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the rival submissions, the nature and gravity of the allegations, and the material available on record, this Court finds that the applicant is accused of having participated in a serious offence of robbery wherein the complainant was allegedly threatened with a knife, assaulted, compelled to disclose the password of his digital payment application and deprived of his cash and mobile phone. The allegations disclose a well-planned act involving intimidation and use of a deadly weapon. The case diary reveals that during the course of investigation, the involvement of the applicant surfaced on the basis of information collected by the investigating agency, including the memorandum statements of the accused persons and other material gathered with the assistance of the Cyber Cell. At this stage, the contention of the applicant regarding non-conduct of a Test Identification Parade and the evidentiary value of the memorandum statements are matters to be considered during trial and cannot, by themselves, constitute grounds for grant of bail. The record further indicates that the 5 investigating agency has collected sufficient material connecting the applicant with the commission of the alleged offence and the accusations against him cannot be said to be prima facie groundless. Having regard to the seriousness of the offence, the manner in which it is alleged to have been committed, and the material collected during investigation, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail 7. Accordingly, the bail application of the applicant – Sagar Kanwar, involved in Crime No. 12/2026, registered at Police Station- Kusmunda, District- Korba, (C.G) for the offence punishable under Sections 309(4), 309(6), 324(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 25 of the Arms Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ravindra Kumar Agrawal) Judge Rahul Dewangan