1 CGHC010308482026 2026:CGHC:37561 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7793 of 2026 Shabbir Memon S/o Ayyub Memon Aged About 35 Years Caste- Muslim, R/o Gevra Basti, Kusmunda, Police Station- Kusmunda, District- Korba, (C.G.) ... Applicant versus State of Chhattisgarh Through The Police Of Police Station- Dipka, District- Korba, (C.G.) ... Non-Applicant For Applicant : Mr. Aakash Aahuja, Advocate. For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.08.2026 1. This is the 2rst bail application 2led under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 114/2026 registered at Police Station- Dipka, District- Korba, (C.G.) for the o;ence punishable under Sections 329(2), 303(2), 338, 336(3), 340 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution case, in brief, on 17.03.2026, the complainant, Rinchen Lamu, appeared at the Police Station and RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 lodged a written report stating that on 17.03.2026 at about 03:30 a.m., a CISF QRT team noticed a suspicious Bolero vehicle in the Gevra Mines area. The QRT team immediately chased the vehicle and informed Head Constable Sunil and Constable Satyendra, who were deployed on duty. When the said personnel noticed the suspicious Bolero approaching near the SECL Canteen, beyond Suraksha Chowk, they attempted to stop the vehicle; however, the occupants of the Bolero allegedly drove it at high speed towards the two police/CISF personnel with an intention to cause them harm and attempted to run them over. In order to save themselves, the said personnel threw stones at the vehicle. The Bolero thereafter Eed towards the Junadih Railway Siding, where the CISF personnel chased and intercepted it. While some of the suspects managed to Eee, one suspect, namely Jitendra Kumar Vishwakarma, was apprehended. The vehicle bearing registration No. CG-12-BU-6589 was searched, resulting in the recovery of approximately 80 litres of diesel kept in four jerry cans and one pipe used for extracting diesel. During interrogation, the apprehended accused disclosed that he, along with his associate Jai and other persons, had unlawfully entered the restricted area of SECL Gevra Mines and committed theft of diesel from Dumper No. 1866 parked at Ganesh Dumping, SECL Gevra Mines. On the basis of the aforesaid written report, Crime No. 114/2026 was registered against co-accused Jitendra and other unknown persons for the said o;ences. During investigation, accused Parmeshwar Sarathi was interrogated and, upon investigation, his involvement in the commission of the o;ence 3 along with his associates Shabbir Memon (present applicant), Naveen Kashyap and other co-accused persons was revealed. Accordingly, the accused persons were duly arrested on 02.06.2026 and, after completion of investigation, the charge-sheet was 2led before the competent trial Court against the arrested accused persons, while the necessary proceedings were undertaken in respect of the absconding accused. Hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that initially a serious charge under Section 111 of the BNS was also levelled against the applicant, however, vide order dated 17.07.2026, the learned Court, upon 2nding that no prima facie o;ence under the said provision was made out against the applicant, dropped the charge under Section 111 of the BNS and directed that the matter be tried by the competent Magistrate. It is further submitted that the main accused, namely Jitendra Kumar Vishwakarma, has been granted default bail, as per the information received by the applicant’s relatives, and the applicant is entitled to consideration on the ground of parity. He also submits that the alleged o;ences are not punishable with imprisonment for life or death. It is further submitted that the applicant has four previous criminal cases, out of which he has been acquitted in one case, while three cases are presently pending against him. It is also submitted that two Istgasa proceedings have been registered against the applicant, both of which have already been disposed of. 4 It is further submitted that the applicant is in jail since 02.06.2026, the charge-sheet has been submitted before the competent Court and the trial is likely to take considerable time to conclude. Hence, it is prayed that the applicant be enlarged on bail. 4. On the other hand, learned State counsel opposes the present bail application and submits that the charge-sheet has been submitted before the competent Court. She further submits that the allegations against the applicant are serious in nature and that the material collected during investigation prima facie connects him with the commission of the alleged o;ence. It is further submitted that the applicant has four previous criminal cases, out of which he has been acquitted in one case, while three cases are presently pending against him. It is also submitted that two Istgasa proceedings have been registered against the applicant, both of which have already been disposed of. Therefore, considering the nature of the allegations and the criminal antecedents of the applicant, she prays that the applicant does not deserve to be enlarged on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and the submissions made by learned counsel for the parties, though the allegation against the applicant is that he, along with co-accused persons, unlawfully entered the restricted area of SECL Gevra Mines and committed theft of diesel from a dumper and the applicant has some previous criminal antecedents, but also 5 considering the fact that the charge-sheet has been 2led in the present case, he is in jail since 02.06.2026, the criminal antecedents are explained, and trial is likely to take sometime for its conclusion, therefore, without commenting anything on the merits of the case, this Court is of the view that the applicant is are entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Shabbir Memon, involved in Crime No. 114/2026 registered at Police Station- Dipka, District- Korba, (C.G.) for the o;ence punishable under Sections 329(2), 303(2), 338, 336(3), 340 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall 2le an undertaking to the e;ect that he shall not seek any adjournment on the dates 2xed 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 2xed, either personally or through his counsel. In case of his absence, without suKcient 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 6 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 2xed 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, before the trial court on the dates 2xed 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 suKcient 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. 8. OKce is directed to provide a certi2ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan