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2026 DAILYLAW 2995 (CHH)

ABDUL MANNAN v. STATE OF CHHATTISGARH

MCRC/1418/2026 · 2026-02-08

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Judgment text

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2026:CGHC:7117 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1418 of 2026 Abdul Mannan S/o Jabbar Mannan, Aged About 55 Years R/o Kushaishi Mohalla, Nala Road, P.S. Plot Side, Raurkela, District Sundergarh, Odisha. ...Applicant versus State Of Chhattisgarh Through Grp Bhilai, District Durg C.G. ...Respondent For Applicant : Mr. Sudhanshu Kumar Singh, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.02.2026 1. The applicant has preferred this Second 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.27/2025, registered at Police Station : GRP Bhilai District – Durg (C.G) for the offence punishable under Sections 305(C), 3(5), 317(5), 336(3), 340(2), 338 of the BNS 2023. 2. The earlier bail application of the applicant being MCRC No. 5703 of 2025 was rejected by this Court vide order dated 22.07.2025, on merits. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.10 11:47:12 +0530 3. The prosecution story, in brief, is that the complainant, Hina Patel, on 04.04.2025, was travelling with her husband in the Shivnath Express from Gondia to Raipur in Coach No. HA/1, Berth No. 21, carrying a handbag containing one diamond necklace set worth Rs. 35,00,000/-, one diamond set worth Rs. 25,00,000/-, four finger rings worth Rs. 4,15,000/-, cash of Rs. 45,000/-, and one ladies’ bag worth Rs. 20,000/-. During the journey, the said articles were allegedly stolen by the accused persons. Thereafter, on the basis of the memorandum of a co-accused, one diamond necklace set, six green and blue coloured stones, a diamond bracelet and one Oppo mobile phone, collectively worth about Rs. 40,00,000/-, were seized from the possession of the accused. Further, on the basis of the memorandum of the co-accused, the present applicant was also arrested in connection with the said crime. 4. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the case. It is submitted that there are four accused persons in the matter and Santosh Sao is the main accused; however, on the basis of his memorandum statement alone, the present applicant has been implicated and no incriminating article has been seized from his possession. It is further submitted that no monetary transaction has been found in the bank account of the applicant and, apart from an amount of Rs. 10,000/-, nothing has been seized from him. Learned counsel submits that the applicant had no participation in the alleged offence and, at the time of the incident, he was in Odisha. The applicant is a 55-year-old person suffering from various ailments and is the sole earning member of his family. It is also submitted that the charge-sheet has already been filed and, except for the memorandum statement, there is no material in the entire charge-sheet to show the involvement of the applicant in the crime. The applicant has been in judicial custody since 07.05.2025 and the trial is likely to take considerable time to conclude. Out of 19 prosecution witnesses, 7 have already been examined before the learned trial Court, and a co-accused, Rohit Burman @ Golu, has been granted bail by the trial Court vide order dated 21.01.2026. Learned counsel further submits that this is the second bail application, as the first bail was rejected on merits; however, considering the present status of the trial, it is submitted that almost all prosecution and defence witnesses have been examined. It is further submitted that certain co-accused, who were arrested subsequently on allegations of receiving the stolen property connected with the alleged theft, have recently been granted bail by the trial Court, and since the trial has not been separated, its conclusion is likely to take further time. Therefore, it is prayed that the present applicant may also be enlarged on bail. 5. Learned counsel for the State submits that the complainant’s handbag containing diamond jewellery, cash and other valuables was stolen during her journey in the Shivnath Express on 04.04.2025. On the basis of the memorandum of a co-accused, stolen articles worth about Rs. 40,00,000/- were recovered, and on the basis of the said memorandum and material collected during investigation, the present applicant was arrested. It is further submitted that this is the second bail application of the applicant, as the first bail application was rejected on merits. The State, therefore, opposes the bail application considering the nature and gravity of the offence. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case and the nature and gravity of the offence, this Court notes that the first bail application of the applicant was rejected on merits and the allegations against him are serious, involving theft of cash, jewellery and diamond articles worth about Rs. 65 lakhs from a lady traveling in a train, which were allegedly sold to the co-accused. In view of the material available on record, this Court is not inclined to grant bail to the applicant. However, considering that the trial against the applicant has substantially concluded, the trial Court is directed to proceed expeditiously and to separate the case of the present applicant from that of the co-accused, in accordance with law. Accordingly, the second bail application of the applicant is liable to be rejected. 8. Accordingly, the Second bail application of the applicant – Abdul Mannan, involved in Crime No.27/2025, registered at Police Station : GRP Bhilai District – Durg (C.G) for the offence punishable under Sections 305(C), 3(5), 317(5), 336(3), 340(2), 338 of the BNS 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav