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2026 DAILYLAW 3245 (CHH)

WAJJAD ALI @ SANU v. STATE OF CHHATTISGARH

MCRC/106/2026 · 2026-01-07

body2026

Judgment text

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1 2026:CGHC:1194 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 106 of 2026 Wajjad Ali @ Sanu S/o Rajjab Ali Aged About 29 Years R/o Sadar Road Barejpara, Kadamni Chowk, P.S. Ambikapur, District- Surguja (C.G.) --- Applicant versus State Of Chhattisgarh Through Station House Officer, Chowki Kotba, Police Station – Bagbahra, District – Jashpur (C.G.) --- Non-applicant Along with MCRC No. 118 of 2026 Shoaib Jafer S/o Late Masoor Ahmad Aged About 36 Years R/o Sadar Road Barejpara, P.S. Ambikapur, Distt. Surguja, Chhattisgarh. ---Applicant Versus State Of Chhattisgarh Through Station House Officer, Chowki Kotba, Police Station – Bagbahra, District – Jashpur, Chhattisgarh. ---- Non-applicant For Applicants : Mr. Tarendra Kumar Jha, Advocate. For Non-applicant/State : Mr. Dharmesh Shrivastava, Dy. Adv. General, as well as Mr. Nitansh Jaiswal, Dy. Govt. Adv. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.01.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 124/2024, registered at Chowki Kotba, Police Station – Bagbahra, District – Jashpur (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 379 and 34 of the IPC. 2. The case of the prosecution, is that complaint Ashish Sharma lodged a written report that on 12.08.2024 an RC book was received through courier in which registration number CG-29-AG-1344 and registration date 06.02.2024 is mentioned, which is financed by Hinduja Layland Finance and according to him neither he nor his family member has purchased any vehicle of any kind during said year, nor his original documents were used by any of his relative to purchase the vehicle. Someone has misused these documents, photocopy of which were kept in the scooty trunk. On the basis of said complaint F.I.R was registered and co-accuse Manish David, Shahrukh, Wasim Akram @ Bablu were arrested and made accused. As per the memorandum of the accused persons they have confessed that they have stolen the documents and got financed the vehicles and thereafter sold the same to several persons including the present applicant who is owner of Automobile Shop dealing in sale and purchase of in second hand vehicles. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there is no criminal antecedents registered against the applicants. It is further submitted that the charge-sheet has been filed in this case and the co-accused have been granted bail by this Court vide orders dated 18.03.2025 and 20.08.2025 passed in MCRC Nos. 2160/2025 and 5648/2025. The applicants are in jail since 08.09.2025 and trial is 3 likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case, and the applicants are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that there is no criminal antecedents registered against the applicants, charge-sheet has been filed against the applicants and the co-accused have been granted bail by this Court vide orders dated 18.03.2025 and 20.08.2025 passed in MCRC Nos. 2160/2025 and 5648/2025, the applicants are in jail since 08.09.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants, Wajjad Ali @ Sanu and Shoaib Jafer, involved in Crime No. 124/2024, registered at Chowki Kotba, Police Station – Bagbahra, District – Jashpur (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 379 and 34 of the IPC, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the dates 4 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 applicants 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 applicants misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants 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 applicants 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 applicants 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar