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2026 DAILYLAW 28580 (CHH)

ROSHAN RATRE v. STATE OF CHHATTISGARH

MCRC/5603/2026 · 2026-07-21

Transfer Petitionbody2026

Judgment text

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1 CGHC010225912026 2026:CGHC:31272 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.5603 of 2026 1 - Roshan Ratre S/o Shri Malik Ram Ratre Aged About 21 Years R/o Bajranj Chowk Boriya Kala Police Station - Mujgahan District- Raipur (C.G.) 2 - Kamal Jangde S/o Derharam Jangde Aged About 43 Years R/o Satnami Para, Police Station - Kurud District- Dhamtari (C.G.) ... Applicants versus State Of Chhattisgarh Through- Police Station - Civil Lines Raipur District- Raipur (C.G.) ...Non-applicant For Applicants : Mr. Anmol Gupta, Advocate. For Non-Applicant/State : Mr. Soumya Rai, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.07.2026 1. This is the 1st bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the Applicants who have been arrested in connection SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.23 18:33:54 +0530 2 with Crime No.499/2025 registered at Police Station – Civil Lines, Raipur, District Raipur (C.G.), for the offences under Sections 303(2), 317(2) and 3(5) of BNS. 2. Briefly stated, the facts of the case are that complainant Kamlesh Soni reported that on 09.10.2025, he had parked his Honda Activa bearing Registration No.CG-04-LZ-7563 in the Town Hall parking area after locking it while attending proceedings at the District Court and upon returning at about 12:30 p.m., found that the vehicle had been stolen by an unknown person. On the basis of the report, Crime was registered at Police Outpost Civil Lines as mentioned above. During investigation, the stolen vehicle was recovered from the possession of co-accused Sahil Ratre during vehicle checking. In his memorandum statement, Sahil Ratre disclosed that he, along with the present Applicants and co- accused Gitesh Patle, had committed the theft. It was further revealed that the stolen Activa had been seized in connection with Crime No.06/2026 registered at Police Station Golbazar under Sections 303(2), 317(5) and 3(5) of the BNS. Based on the aforesaid allegations, the police registered the offences as mentioned above against the present Applicants. Hence, this application. 3. Learned Counsel for the Applicants submits that the 3 Applicants are innocent and have been falsely implicated in the present case. It is contended that the present Applicants are not named in the FIR and the case falls within the category of an unnamed FIR. It is further submitted that the prosecution case against the Applicants rests solely on the memorandum statement of a co-accused, which, by itself, has no evidentiary value. It is also submitted that the offences alleged are punishable with imprisonment up to three years or with fine, the Applicants are in judicial custody since 24.01.2026, the charge-sheet has already been filed and the trial is likely to take considerable time for its conclusion, therefore, they may be enlarged on regular bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the present Applicants are involved in the theft of 37 Activa two-wheelers. It is further submitted that the bail applications preferred by the present Applicants in the connected cases have already been rejected by this Court vide orders dated 18.06.2026 passed in M.Cr.C. Nos.5293/2026 and 5281/2026, respectively, as also vide order dated 22.06.2026 passed in M.Cr.C. No. 5423/2026. It is, therefore, prayed that the present bail application may also be rejected. 5. Considering the submissions advanced by learned Counsel 4 for the parties, the nature of allegations, the material available in the case diary, the allegation that the present Applicants, along with the co-accused, had committed the theft of the complainant's Activa, the memorandum statement recorded during investigation, the allegation that the Applicants are involved in the theft of as many as 37 Activa two-wheelers, and further considering that their bail applications in the connected cases have already been rejected by this Court vide orders dated 18.06.2026 passed in M.Cr.C. Nos. 5293/2026 and 5281/2026 and dated 22.06.2026 passed in M.Cr.C. No.5423/2026 and without commenting anything on the merits of the case, this Court is not inclined to grant bail to the present Applicants. 6. Accordingly, the bail application of the applicants – Roshan Ratre and Kamal Jangde involved in Crime No.499/2025 registered at Police Station – Civil Lines, Raipur, District Raipur (C.G.), for the offences under Section 303(2), 317(2) and 3(5) of BNS is hereby rejected. 7. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Priya