1 CGHC010306502026 2026:CGHC:38443 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.7381 of 2026 1 - Irfan Ali S/o Akram Ali, Aged About 32 Years R/o Jhalmala Tikripara, Police Station Seepat, District - Bilaspur (C.G.) Applicant (s) versus 1 - State Of Chhattisgarh Through SHO, Police Station Sarkanda, District - Bilaspur (C.G.) Respondent(s) For Applicant (s) : Ms. Madhunisha Singh, Advocate For Respondent(s) : Mr. Jitendra Shrivastava, GA Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.08.2026 1. This is the first bail application filed under Section 483 of Bhartiya 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 offence punishable under Sections 126 (2), 109, 309 (6), 311 & 61 (2), 310, 111, 238 of BNS and Sections 25 & 27 of the Arms Act. Digitally signed by R NIRALA 2 2. The case of the prosecution, in brief, is that on 17.02.2026 at about 09:15 PM, the Victim Shri Vivek Tiwari, who is engaged in the business of gold and silver ornaments, after closing his Jewellery shop, was proceeding towards his residence in his vehicle bearing Registration No. CG-10-AH-7701, carrying gold ornaments and cash pertaining to his business. It is alleged that when he reached near CMPF Colony, Rajkishore Nagar, Sarkanda, Bilaspur, an Eco vehicle deliberately Intercepted and collided with his car, compelling him to stop. It is alleged that immediately thereafter, two to three unknown assallants, who had allegedly arrived in the Eeco vehicle and on a motorcycle, surrounded the victim. One of the assailants allegedly pointed a pistol towards him while the others assaulted him with the butt of the pistol and an iron rod, causing injuries. Taking advantage of the assault, the assailants allegedly robbed the victim of gold ornaments weighing approximately 2.200 kilograms of jewellery, around 350 grams of raw gold, 100 grams of fine gold, and cash amounting to ₹3,50,000/-, before fleeing from the spot. On the basis of the report lodged by the complainant, Crime No. 219/2026 was registered at Police Station Sarkanda, District Bilaspur, initially for offences punishable under Sections 126(2), 109, 309(6), 311 of the Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act, 1959. During Investigation, offences under Sections 61(2), 111 and 238 of the Bharatiya Nyaya Sanhita, 2023 were also added. According to the charge- 3 sheet, the present applicant Irfan Ali has been arraigned as one of the accused persons alleged to have participated in the commission of the offence and to have been a member of the alleged conspiracy. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in crime in question. He further submitted that the name of the applicant is not mentioned in the FIR and even no TIP parade was conducted as such the applicant has wrongly been roped in the present case. She further submitted that the co-accused Karim Khan has already been granted regular bail by this Court vide order dated 30.07.2026 in MCRC No.5331/2026, the applicant is in jail since 19.02.2026, charge sheet has been filed and trial is likely to take quite long time for its conclusion, therefore, he prays that the applicant be released on regular bail. 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that there are 3 criminal antecedents against the applicant, as such he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused all the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature of allegation and further considering that the co- accused Karim Khan has already been granted regular bail by 4 this Court vide order dated 30.07.2026 in MCRC No.5331/2026, the applicant is in jail since 19.02.2026, charge sheet has been filed and conclusion of the trial is likely to take some time, therefore, without commenting anything on the merits of the case, I am inclined to allow this application. 7. Accordingly, the instant bail application of the applicant is allowed. 8. Let the Applicant – Irfan Ali, involved in Crime No.219/2026, registered at Police Station Sarkanda, District Bilaspur (C.G.) for the offence punishable under Sections 126 (2), 109, 309 (6), 311 & 61 (2), 310, 111, 238 of BNS and Sections 25 & 27 of the Arms Act, 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 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/her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure his/her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on 5 the date fixed in such proclamation, then, the trial court shall initiate proceedings against his/her, 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 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/her in accordance with law.” 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Nirala