1 CGHC010310842026 2026:CGHC:35987 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7469 of 2026 Pankaj Kumar S/o Yogendra Passwan Aged About 29 Years R/o Dubridih, Police Station- Harihar Ganj, District Palamu (Jharkand), Current Address- Chatghat Nichepara Gerwani, Police Station Punjipathara, District- Raigarh, C.G. ... Applicant versus State of Chhattisgarh Through- Station House O-cer, Police Station Punjipathara, District- Raigarh, C.G. ... Non-Applicant For Applicant : Mr. Rahul Goswami, Advocate For Non-Applicant/State : Mr. Sangharsh Pandey, Govt. Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.08.2026 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. 88/2026 registered at Police Station- Punjipathara, District- Raigarh, (C.G.) for the o;ence punishable under Sections 331(4), 305, 62 and 316 of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that the informant, namely Deepak RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Das Mahant, lodged a written report at Police Station Punjipathra stating that he is working with India One Private Limited, whose ATM branch is situated at Village Gerwani. It is alleged that on 28.04.2026, at about 3:00 A.M., the accused, namely Pankaj Kumar Paswan, entered the said ATM kiosk and allegedly vandalized the ATM machine with an intention to commit theft of the cash stored therein. Upon receiving the information regarding the incident, the police initiated the investigation and apprehended the accused in connection with the alleged o;ence. Accordingly, the applicant has been implicated in the present case and has preferred the instant bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and that he has not committed any o;ence as alleged by the prosecution. It is submitted that the essential ingredients of the o;ences punishable under Sections 331(4), 305, 62 and 316 of the Bharatiya Nyaya Sanhita, 2023 are not made out against the applicant from the material available on record. The applicant has neither committed nor participated in the alleged o;ence and has been implicated merely on the basis of false, vague and baseless allegations. It is further submitted that the police have failed to conduct a proper and fair enquiry into the alleged incident before registering the FIR and have mechanically arrayed the applicant as an accused without there being any cogent material connecting him with the commission of the alleged o;ence. No incriminating article or stolen property has been seized from the possession of the 3 applicant, and there is no independent or reliable material corroborating the allegations levelled against him. It is also submitted that there is no eye-witness to the alleged incident who has speci2cally attributed any overt act to the applicant, and the prosecution has failed to place any prima facie evidence demonstrating his involvement in the alleged vandalism or attempted theft from the ATM. The allegations made by the complainant are false and unsubstantiated and the applicant has not acted in the manner alleged by the prosecution. He further submits that the present applicant has no previous criminal antecedent, the charge-sheet has been 2led before the competent Court, he is in jail since 28.04.2026 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been submitted before the competent Court. He further submits that the allegations against the applicant are serious in nature and that the applicant is directly involved in the alleged incident of vandalizing the ATM machine and attempting to commit theft of the cash stored therein. It is further submitted that during the course of investigation, a cutter allegedly used in the commission of the o;ence has been seized from the possession of the applicant, which prima facie connects him with the alleged crime. He further submits that the investigation has disclosed su-cient material indicating the applicant’s involvement in the o;ence and that the defence raised by the 4 applicant relates to matters which are required to be tested during trial. Considering the nature and gravity of the allegations, the recovery of the cutter from the applicant and the stage of the proceedings, no ground for grant of bail is made out and the bail application deserves to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that though the allegation against the applicant is that he entered the ATM kiosk, vandalized the ATM machine and attempted to commit theft of the cash stored therein and a cutter allegedly used in the commission of the offence was seized from his possession, but also considering the fact that the applicant is languishing in jail since 28.04.2026, he has no previous criminal antecedents, and the charge-sheet has been submitted before the competent Court and the conclusion of the trial may take some more time, therefore, without expressing any opinion on the merits of the case, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let the applicant - Pankaj Kumar, involved in Crime No. 88/2026 registered at Police Station- Punjipathara, District- Raigarh, (C.G.) for the o;ence punishable under Sections 331(4), 305, 62 and 316 of the Bharatiya Nyaya Sanhita, 2023, be released on bail on his 5 furnishing a 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 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 su-cient 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 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 6 statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without su-cient 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. O-ce 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