1 CGHC010336052026 2026:CGHC:38632 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.8070 of 2026 Durgesh Kumar Imaliya @ Yash S/o Ravindralal Aged About 24 Years R/o Saheli Gali, Near Shiv Mandir, Kedarpur, Ambikapur, Police Station And Tehsil - Ambikapur District - Surguja (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station - Darima, Ambikapur, District - Surguja (C.G.) ... Non-applicant _____________________________________________________ For Applicant :Mr. Bhupendra Singh, Advocate. For Non-applicant/State :Ms. Ritika Verma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.09.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.09.01 15:43:55 +0530 2 connection with Crime No.108/2026 registered at Police Station – Darima, Ambikapur, District Surguja (C.G.), for the offence under Section 309(3) of BNS. 2. The prosecution case, in brief, is that on 07.05.2026, after completing the day's collection from sale of petrol and diesel, the complainant was carrying Rs.61,670/- in his pocket and was proceeding towards Ambikapur on his motorcycle. At about 6:00 p.m., near Navgai Chowk, five persons riding two motorcycles, with their faces covered with gamchas, allegedly intercepted him, abused and assaulted him and one of them allegedly pointed a pistol-like object at his temple. They thereafter allegedly took away the cash of Rs.61,670/-, his mobile phone, the petrol pump's account register, bag and motorcycle and fled from the spot. During investigation, the memorandum statement of the present Applicant was recorded, wherein he allegedly disclosed that he, along with his associates Raj Mishra, Sachin, Shakti, Akash Jhariya, Nishant Kumar Nageshia and Rudra Pathak, had planned the robbery of the petrol pump manager at Ambikapur. It was further disclosed that on 07.05.2026 at about 4:30 p.m., they proceeded towards Vedika Petrol Pump on motorcycles and a scooter bearing registration No.CG15EH7025, with Rudra Pathak allegedly stationed near the petrol pump while the 3 other associates positioned themselves behind the petrol pump. Accordingly, the offence as mentioned above was registered against the Applicant. Hence this application. 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's name does not find mention in the FIR and the assailants were described as having their faces covered, thereby there being no identification of the Applicant at the place of occurrence. It is further submitted that no incriminating article, cash, weapon or stolen vehicle has been recovered from the Applicant and there is no direct attribution or credible material connecting him with the alleged offence. He further submits that the prosecution case is primarily based on the statements of police officials and no independent witness has been examined to corroborate the same. It is lastly submitted that the investigation is complete and charge-sheet has been filed, the Applicant is in custody since 11.05.2026 and the trial is likely to take considerable time, therefore, he may be released on bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that there are no previous criminal antecedents against the present Applicant. 4 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, particularly the fact that the Applicant's name does not find mention in the FIR, the assailants were allegedly having their faces covered, no incriminating article, cash, weapon or stolen vehicle has been recovered from the Applicant, there are no criminal antecedents against him, the Applicant is in custody since 11.05.2026 and the trial is likely to take considerable time, without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the bail application is allowed. 7. Let Applicant- Durgesh Kumar Imaliya @ Yash involved in Crime No. 108/2026 registered at Police Station – Darima, Ambikapur, District Surguja (C.G.), for the offence under Section 309(3) of BNS 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/she shall not seek any adjournment on the dates fixed for 5 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/her counsel. In case of his/her absence, without sufficient cause, the trial court may proceed against him/her 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/her 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/her, 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 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. 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 Priya