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2026 DAILYLAW 34257 (CHH)

FARID KHAN v. STATE OF CHHATTISGARH

MCRCA/1397/2026 · 2026-08-31

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1 CGHC010327662026 2026:CGHC:38638 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1397 of 2026 1 - Farid Khan S/o Late Jhair Ahmad Aged About 30 Years R/o Civil Line, Kharsiya, District- Raigarh (Chhattisgarh) ... Applicant versus 1 - State Of Chhattisgarh Through- Station House Officer, P.S. Kharsiya, District- Raigarh (Chhattisgarh) ... Non-applicant For Applicant : Shri Umakant Singh Chandel, Advocate. For State/Non-applicant : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.09.2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.34/2026 registered at Police Station Kharsiya, District Raigarh (C.G.), for the offence punishable under Sections 296, 351(2), 115(2), 119(1) and 3(5) of BNS. 2. Case of the prosecution, in brief, is that on 24.01.2026 at about 10:30 p.m., while the complainant Vinod Raiyal was proceeding from Mohapali towards his village Chhote Mudpar in his car bearing registration No. CG-13-CA-0735, the applicant Farid Khan, along with his associates, allegedly stopped his vehicle, demanded money, NIKITA JAIN Digitally signed by NIKITA JAIN Date: 2026.09.01 17:38:27 +0530 2 abused and threatened him, and assaulted him with a knife. It is further alleged that the accused persons took away a silver chain from the complainant and, when his friends Rohan Jangde and Kunj Patel intervened, they were also assaulted and sustained injuries. On the basis of the written report, Crime No. 34/2026 has been registered at Police Station Kharsia, District Raigarh (C.G.), for offences punishable under Sections 296, 351(2), 115(2), 119(1) and 3(5) of the IPC. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. It is further submitted that the applicant has no criminal antecedents. It is also pointed out that the co-accused in the same crime has already been granted the benefit of anticipatory bail by this Court in MCRCA No.1239 of 2026 vide order dated 03.08.2026. It is argued that the case of the present applicant stands on the same footing and, therefore, he is entitled to the benefit of parity. Therefore, he prays for grant of anticipatory bail to the applicant. 4. Learned counsel for the State/non-applicant opposes the application for anticipatory bail and submits that the allegations levelled against the applicant are serious in nature. It is submitted that the applicant, along with other co-accused persons, is alleged to have intercepted the complainant, demanded money, abused and threatened him, assaulted him with a knife and forcibly taken away his silver chain. It is further submitted that the applicant's custodial interrogation may be required for a fair and proper investigation. therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Considering the facts and circumstance of the case, nature and gravity of offence and the nature of allegations, the absence of any criminal antecedents against the applicant, and particularly the fact that the co- accused has already been granted anticipatory bail by this Court in MCRCA No.1239 of 2026 vide order dated 03.08.2026, without commenting upon the merits of the case, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Farid Khan, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a copy of his adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Nikita