1 2026:CGHC:2745 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 405 of 2026 1 - Tarikat Shah S/o Jakim Shah, Aged About 33 Years R/o Village Babatoli, Aamgaon Khurd, Thana/ Tahsil Salekasa, District- Gondiya (M.H.) 2 - Dildar Shah S/o Lal Shah, Aged About 35 Years R/o Village Babatoli, Aamgaon Khurd, Thana/ Tahsil Salekasa, District- Gondiya (M.H.) ... Applicants versus State Of Chhattisgarh Through District- Magistrate, Rajnandgaon District-Rajnandgaon,(C.G.) ...Non-applicant For Applicants : Mr. Samir Singh, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 16.01.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.19 16:57:31 +0530 2 to the applicants who have been arrested in connection with Crime No.518/2025, registered at Police Station – Dongargarh District – Rajnandgaon (C.G.) for the alleged commission of offence punishable under Sections 137(2), 139(1) & 3(5) of the BNS 2023. 2. As per prosecution story in brief is that he complainant namely Ghanshyam Lahre has alleged that on 11.10.2025 his wife called him and told him that two unknown beggars are kidnapping his son Manish Lahre and taking him away with his mouth gagged, after some villagers were shouted, then they want to run away, therefore on the basis of his report Police registered the offence against the applicants. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. He submits applicants have been earning their livelihood by begging for several years and, on the date of the alleged incident, they were going door to door for the same purpose, when certain so- called individuals, on mere suspicion of them being child lifters, handed them over to the police. Even if the entire prosecution story is accepted at its face value, no offence under Section 139(1) of the Bharatiya Nyaya Sanhita is made out, as none of the essential ingredients of the said offence are attracted. The investigation has already been completed and the charge-sheet has been filed, and there is no likelihood of early conclusion of the trial; therefore, continued detention of the applicants is wholly 3 unjustified. The applicants are permanent residents of the address mentioned in the cause title and there is no possibility of their absconding or tampering with prosecution witnesses. The applicants undertake to abide by all terms and conditions that may be imposed by this Hon’ble Court while granting bail. 4. Learned State Counsel opposes the bail application and submits that the applicants/accused abducted the minor son of the complainant on 11.10.2025 for the purpose of begging. During investigation, they were interrogated, their statements recorded, and arrested, and a charge sheet has been filed under Sections 137(2), 139(1), and 3(5) of the BNS. Considering the serious nature of the offence, the involvement of the accused in abducting a minor, and the overall facts of the case, the applicants/accused are not entitled to bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and the nature of the allegations leveled against the applicants/accused, it is evident from the record that the applicant, Dhanshyam Lahare, lodged a complaint stating that on 11.10.2025, his son, Manish Lahare, a minor, was abducted by the accused, Tariqat Shah and Dildar Shah, for the purpose of begging. The investigation reveals that the applicants/accused were involved in luring and abducting the child by gagging him and taking him 4 away. During the course of the investigation, the accused were interrogated, their memorandum statements were recorded, and they were arrested. The investigation has been completed and a charge sheet has been filed under Sections 137(2), 139(1), and 3(5) of the BNS. The applicants/accused face a prima facie charge of kidnapping a 10-year-old boy for the purpose of begging, which constitutes a serious offence. Considering the gravity of the offence, the involvement of the applicants/accused in abducting a minor, and the overall facts and circumstances of the case, no ground is made out for granting bail. Accordingly, the bail applications of the applicants/accused are hereby rejected. 7. Accordingly, the bail application of the applicants – Tarikat Shah & Dildar Shah involved in Crime No.518/2025, registered at Police Station – Dongargarh District – Rajnandgaon (C.G.) for the alleged commission of offence punishable under Sections 137(2), 139(1) & 3(5) of the BNS 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav