1 CGHC010223942026 2026:CGHC:32893 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5331 of 2026 Karim Khan S/o Wasim Khan, Aged About 23 Years R/o Chakmahmud Sakleen Nagar, Baradari, Bareilly (U.P.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Sarkanda, Bilaspur District Bilaspur (C.G.) ... Non-applicant(s) For Applicant : Mr. Aman Ansari, Advocate. For Non-applicant/State : Mr. Sumit Singh, Dy. Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.07.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 219/2026 registered at Police Station Sarkanda, District Bilaspur (C.G.), for the offences punishable under Sections 126(2), 109, 309(6), 311, 61(2), 310, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 25 and 27 of the Arms Act. 2. The case of the prosecution, in brief, is that on 17.02.2026, the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 complainant lodged a report stating that after closing the jewellery shop at about 9:00 p.m., his brother Santosh Tiwari was returning home in his Renault Kwid car carrying approximately 2.200 kilograms of gold jewellery, 350 grams of raw gold, 100 grams of fine gold and cash amounting to ₹3,50,000/-. When he reached near CMPF Colony, Rajkishore Nagar, an Eco vehicle, which was parked with its headlights switched off, suddenly collided with his car. Thereafter, two persons along with another person on a motorcycle assaulted the injured/victim with the butt of a pistol and an iron hammer, causing serious injuries and committed robbery of the gold ornaments and cash. During investigation, the police identified the involvement of the applicant and other co-accused persons, who had allegedly formed an organised gang and conspired to commit the robbery/dacoity. Medical examination of the injured revealed fracture of the left frontal bone. The applicant was arrested on 18.02.2026 and, after completion of investigation, charge-sheet has been filed before the competent Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant is a driver by profession and is not a habitual offender. Learned counsel further submits that the arrest of the applicant suffers from non-compliance of the law laid down by the Hon'ble Supreme Court in Mihir Rajesh Shah vs. State of Maharashtra [2026 (1) SCC 500], inasmuch as the grounds of arrest were not communicated in the manner mandated by law. It is further submitted that the evidence collected during investigation is 3 not sufficient to prima facie establish the involvement of the applicant in the alleged offence. Learned counsel also submits that the applicant has remained in custody since 18.02.2026. It is further submitted that, in compliance with the order dated 02.07.2026 passed by this Court, the concerned Superintendent of Police has filed an affidavit disclosing the evidence collected during investigation as well as the criminal antecedents of the applicant, wherein it has been stated that the applicant has four criminal antecedents registered in different police stations of the State of Chhattisgarh besides Crime No.35/2026 registered at Police Station Ahraura, District Mirzapur (U.P.). Learned counsel submits that the applicant has filed a detailed reply to the said affidavit explaining that Crime No.95/2026 registered at Police Station Akaltara pertains to the theft of the Maruti Eeco Van, which is directly connected with the present crime and in which charge-sheet has already been filed, Crime No.11/2026 registered at Police Station Kamleshwarpur also relates to the same chain of events arising out of the present occurrence, wherein trial has already commenced, and Crime No.35/2026 registered at Police Station Ahraura, District Mirzapur (U.P.) arose only because the applicant and co-accused were apprehended by the Ahraura Police pursuant to information shared by the Bilaspur Police while investigating the present case. It is, therefore, submitted that the so-called criminal antecedents disclosed in the affidavit have already been duly explained and cannot be treated as independent antecedents disentitling the applicant from grant of bail. Accordingly, he prays for grant of bail. 4 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the applicant has four criminal antecedents registered against him, as disclosed in the affidavit filed by the concerned Superintendent of Police pursuant to the order of this Court, which prima facie reflects his criminal involvement. He, therefore, prays that the present bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary available on record. 6. Taking into consideration the facts and circumstances of the case, nature of allegations, the period of detention of the applicant since 18.02.2026, the fact that the investigation has been completed and charge-sheet has already been filed, this Court also takes note of the explanation furnished by the applicant in response to the affidavit filed by the concerned Superintendent of Police that the criminal antecedents referred to therein substantially arise out of the same chain of transactions connected with the present crime and have been specifically explained by the applicant. Since no further custodial interrogation of the applicant is required and the trial is likely to take considerable time for its conclusion, without commenting upon the merits of the case, this Court is inclined to extend the benefit of regular bail to the applicant. 7. Accordingly the bail application of the applicant is allowed. 8. Let the Applicant – Karim Khan, involved in Crime No. 219/2026 registered at Police Station Sarkanda, District Bilaspur (C.G.), for 5 the offences punishable under Sections 126(2), 109, 309(6), 311, 61(2), 310, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 25 and 27 of the Arms Act, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he 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 shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, 6 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 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 in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- S(Ramesh Sinha) Chief Justice Kunal