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2026 DAILYLAW 29990 (CHH)

SHEIKH MOIN v. STATE OF CHHATTISGARH

MCRC/6921/2026 · 2026-07-29

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1 CGHC010278582026 2026:CGHC:32960 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.6921 of 2026 Sheikh Moin S/o Sheikh Jamir Aged About 20 Years R/o Nayapara, Raipur, Tahsil And Distt. Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Tikrapara, District Raipur Chhattisgarh ... Non-applicant _____________________________________________________ For Applicant :Mr. Pragalbha Sharma, Advocate. For Non-applicant/State :Mr. Shailendra Sharma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.07.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.281/2026 registered at Police SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.31 11:11:08 +0530 2 Station Tikrapara, District Raipur (C.G.), for the offence under Section 109 of BNS. 2. The case of the prosecution, in brief, is that on the basis of a report lodged by the complainant Mohammad Anif @ Hanif, father of Mohammad Yusuf, Police Station Tikrapara, District Raipur, registered the crime. It is alleged that the complainant received a phone call from Divyansh Pal, a friend of Aavesh Khan, informing him that Aavesh Khan had been stabbed by Kasim @ Ammu at about 4:00 p.m. near Ayush Hospital, Santoshi Nagar. The injured was initially taken to Goodwill Hospital, Tikrapara, and was thereafter referred to Dr. Bhimrao Ambedkar Memorial Hospital (Mekahara) for further treatment. During the course of investigation, the present Juvenile Applicant was apprehended in connection with the alleged offence. 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 contended that the present Applicant had merely accompanied co-accused Kasim @ Ammu, who is alleged to have inflicted the knife injury upon the injured. It is further submitted that the Applicant has not been named in the FIR and has been implicated solely on the basis of the 3 memorandum statement of co-accused Kasim. Lastly, it is submitted that the Applicant is in judicial custody since 01.04.2026 and as the trial is likely to take considerable time for its conclusion, he deserves to be enlarged on regular bail. 4. Per contra, learned State Counsel opposes the application. However, he fairly submits that there are no previous criminal antecedents against the present Applicant. 5. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the nature of allegations, the fact that the present Applicant has not been named in the FIR and has been implicated on the basis of the memorandum statement of the co-accused, the period of custody since 01.04.2026, the absence of any previous criminal antecedents and also considering that the trial is likely to take considerable time for its conclusion, without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the bail application is allowed. 6. Let Applicant-Sheikh Moin involved in Crime No.281/2026 registered at Police Station Tikrapara, District Raipur (C.G.), for the offence under Section 109 of BNS be released on bail on his furnishing a personal bond with two sureties in the 4 like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant/s shall file an undertaking to the effect that he/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 applicant/s shall remain present before the trial court on each date fixed, either personally or through his/their counsel. In case of his/their absence, without sufficient cause, the trial court may proceed against him/them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant/s misuse/s the liberty of bail during trial and in order to secure his/their presence, proclamation under Section 84 of BNSS. is issued and the applicant/s fail/s to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant/s 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 applicant/s is deliberate 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 him/them in accordance with law. 7. Office is directed to send a certified copy of this order to the 5 trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Priya