1 CGHC010342112026 2026:CGHC:42520 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8639 of 2026 Mused Khan S/o Hanif Khan Aged About 27 Years R/o Bamni, Teh. Kama, P.S. Jurhera Nogawan District- Bharatpur Deeg (Rajasthan) ... Applicant versus State Of Chhattisgarh Through- P.S. Khamtarai District- Raipur (C.G.) ... Respondent For Applicant : Shri Yashwant Mishra, Advocate. For Respondent/State : Ms. Ankita Shukla, Panel Lawyer. (HON’BLE SHRI JUSTICE RAKESH MOHAN PANDEY) Order on Board 30/09/2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 370/2025 registered at Police Station – Khamtarai District - Raipur (C.G.), for the offences punishable under Section 303(2) & 3(5) of the BNS. 2. As per the prosecution case, the present matter arises out of Crime No. 370/2025 registered at Police Station Khamtarai, District Raipur (C.G.), for the offences punishable under Sections 303(2) and 3(5) of the BNS. It is alleged that on 21.04.2025, between 06:00 PM to 08:00 PM, an unknown person committed theft of a motorcycle bearing registration Digitally signed by ALLENA ANJANI KUMAR Date: 2026.10.01 15:30:53 +0530 2 No. CG 04 NB 9062 (Hero Splendor Plus), which was parked by the complainant. On discovering the theft, the complainant lodged an FIR on 22.04.2025 at Police Station Khamtarai. During the course of investigation, the police allegedly traced the involvement of the present applicant along with other co-accused persons in the commission of the said offence. It is further alleged that the applicant was involved in similar incidents of vehicle theft and was part of a group engaged in such activities. On the basis of such allegations, the applicant is arrested and implicated in the present case. 3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the present case. It is contended that, as per the prosecution story itself, the alleged incident was committed by an unknown person and the name of the present applicant surfaced only during the course of investigation, which creates serious doubt regarding his involvement in the alleged offence. It is further submitted that no incriminating article has been recovered from the conscious possession of the applicant and there is no legally admissible evidence available on record to substantiate the allegations against him. The alleged involvement of the applicant is based merely on suspicion and conjectures, which are insufficient to establish a prima facie case. It is also submitted that the applicant has been in judicial custody since 22.04.2025 and the investigation has substantially progressed. The applicant is a permanent resident of the address mentioned in the cause title, has deep roots in society, and there is no likelihood of his absconding or tampering with the prosecution evidence or influencing witnesses. The applicant undertakes to cooperate with the trial and is ready and willing to furnish 3 adequate surety and abide by all such terms and conditions as may be imposed by this Hon’ble Court while granting him the benefit of bail. He would argue that co-accused, namely, Mohammed Ujer @ Ujiji Khan, involved in the same crime number, has been granted bail on 18.06.2026 passed in MCRC No.5318/2026, therefore, on parity, he would urge that the applicant in this case may be enlarged on bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and would submit that the applicant has one previous criminal antecedent, therefore, he is not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the offence alleged against the applicant; taking into account the period of detention, as the applicant has remained in judicial custody since 22.04.2025; the fact that the charge-sheet has already been filed before the competent Court; and the co-accused, involved in the same crime number, has already been granted bail and that, the conclusion of the trial is likely to take considerable time, this Court is inclined to grant regular bail to the applicant. Accordingly, the present bail application is allowed. 7. It is directed that the present applicant be released on bail on his furnishing personal bond in sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) he shall not directly or indirectly make any inducement, 4 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; (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, & (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Sd/- (Rakesh Mohan Pandey) JUDGE Anjani