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2026 DAILYLAW 28537 (CHH)

HIMANSHU KEWART v. STATE OF CHHATTISGARH

MCRCA/1134/2026 · 2026-07-21

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1 CGHC010242912026 2026:CGHC:31224 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C(A) No.1134 of 2026 Himanshu Kewart S/o Ganpati Prashad Kewart Aged About 27 Years R/o Mohadih (Bhilai Bazar), Kusmunda, P.S. Kusmunda Distt- Korba Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station P.S. Bankimongara Distt- Korba Chhattisgarh ... Non-applicant For Applicant : Mr. Abhinav Shrivastava, Advocate appears through Video Conferencing. For Non-applicant/State : Mr. Shailendra Sharma, PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 22.07.2026 1. The Applicant has preferred this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.121/2026, registered at Police Station – Bankimongra, Korba (C.G.) for alleged commission of offence punishable under Sections 309(6), 127(2), 127(8), 61(2) and 3(5) of BNS. SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.23 10:57:09 +0530 2 2. Briefly stated, the facts of the case are that on the basis of an oral complaint lodged by Sanjay Kumar Kevat, the present FIR was registered. It is alleged that on 01.06.2026, the complainant received a phone call from an unknown person enquiring about hiring his Scorpio vehicle for a trip from Dhadhap to Sehore, Madhya Pradesh. After further telephonic conversations, the caller agreed to pay an advance of Rs.1,500/- through PhonePe towards diesel expenses and asked the complainant to reach Dhadhap Mod on the night of 03.06.2026. It is alleged that when the complainant reached the spot in his Scorpio bearing registration No.CG-12-BN-9335, three unknown persons arrived on a motorcycle, whereafter two of them boarded his vehicle and directed him to follow their accomplice. After proceeding some distance, one of the assailants allegedly sprayed chilli spray into the complainant's eyes, assaulted him, forcibly shifted him from the driver's seat, tied him with his own towel, compelled him to disclose the passwords of his mobile phone and PhonePe account and thereafter took him to a forest area where he was tied to a tree and threatened with his life. It is further alleged that the assailants fled away with the complainant's Scorpio vehicle, mobile phone, Rs.6,000/- in cash, wallet containing personal 3 documents, smart watch, earbuds and other articles. The complainant subsequently freed himself, reached a nearby village with the help of a passer-by and lodged the present report. On the basis of these allegations, offences mentioned above, were registered against the Applicant. Hence, this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is vehemently argued that the name of the Applicant has surfaced only on the basis of the memorandum statement of the co-accused. It is further submitted that the Applicant had merely taken a lift in the Scorpio vehicle, which had allegedly been stolen by the co-accused persons. It is lastly submitted that there are no previous criminal antecedents against the present Applicant and the trial is likely to take quite considerable time for its conclusion, therefore, he may be granted the benefit of anticipatory bail. 4. Contrarily, learned State Counsel opposes the application and submits that considering the nature and gravity of the offence, which involves robbery, custodial interrogation of the Applicant is necessary. 4 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the nature and gravity of allegations, the specific allegation that the present Applicant was part of the group involved in the commission of the offence, the fact that the Applicant is absconding and the investigation is still in progress and without further commenting anything on the merits of the case, this Court is not inclined to grant the benefit of anticipatory bail to the Applicant. 7. Accordingly, the Anticipatory Bail application of the Applicant – Himanshu Kewart, filed under Section 482 of the BNSS, 2023 in connection with Crime No.121/2026, registered at Police Station – Bankimongra, Korba (C.G.) for alleged commission of offence punishable under Sections 309(6), 127(2), 127(8), 61(2) and 3(5) of BNS, is hereby rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Priya