1 2026:CGHC:7487 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1483 of 2026 1 - Prakash Kumar @ Pawan Yadav S/o Narayan Yadav Aged About 23 Years R/o Village - Gheersindhi Kala, P.S. - Barrachitti, District - Gaya (Bihar) ... Applicant Versus 1 - State Of Chhattisgarh Through Police Station - City Kotwali, District - Raigarh (C.G.) ... Non-applicant For Applicant : Mr. Dhirendra Prasad Mishra, Advocate For Non-Applicant : Ms. Anuja Sharma, Dy. Government Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 11/02/2026 1. This is the second bail application. The first bail application was dismissed as withdrawn vide order dated 16.09.2025 in M.Cr.C. No. 5528/2025. 2. This second bail application is filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 696/2023 registered at Police Station – City Kotwali, District – Raigarh, Chhattisgarh for the offences punishable under Sections 323, 506, 342, 450, 395, 397, 120B/34 of the Indian Penal Code, 1860 and under Sections 25 & 27 of the Arms Act, 1959. 2 3. Case of prosecution is that, on 19.09.2023, some persons entered into the Asix Bank, Raigarh, have committed robbery and ran away. Incident was reported to the concerned police station and it was circulated to the entire border areas of the State. When applicant was travelling in motorcycle bearing registration no. CG 12 M 0151, his motorcycle was intercepted by the police and on suspicion, he was taken to police station and thereafter, he was arrested. His memorandum statement was also recorded. 4. Learned counsel for the applicant submits that applicant is innocent, he has been falsely implicated in the crime. He has not committed any offence as alleged. Applicant while traveling on motorcycle bearing registration no. CG 12 M 0151 (Honda Shine) was intercepted by the police and thereafter, he was implicated in the instant crime. He also submits that seizure of 06 live cartiges, one cartidges of 315 bore gun as also, one country made pistol (Desi Katta). However, the seizure witnesses namely, Vivek Rathore and Navin Sharma are the bank employees, who are made witnesses by the police in police station are examined. Apart from that, there is other connecting evidence against the applicant. 5. He also contended that though the case of prosecution is based on CCTV Footage wherein, it is seen that on motorcycle bags were carried, however, the person riding motorcycle is not specifically mentioned. Applicant is in jail since 02.10.2023 and thereby, he has completed more than 02 years of the pre-trial detention. Other co-accused persons from whom cash has been seized, and the owner of Creta Car and Truck have been enlarged on bail. Therefore, applicant may also be enlarged on bail. 6. On the other hand, learned State counsel opposes the submission made by counsel for the applicant and would submit that the motorcycle on which, applicant was traveling is identified from the CCTV footage. Police 3 authorities have seized a country made pistol and live cartridges form the possession of the applicant. There are two criminal antecedents registered against the applicant one under the Excise Act and another under the NDPS Act, 1985 in the States of Bihar and Haryana. 7. I have heard learned counsel for the respective parties and perused the documents filed along with the bail application. 8. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties in particular considering that the there are as many as 72 witnesses out of which, only 22 witnesses have been examined some co-accused persons are enlarged on bail, period of pre-trial detention suffered by the applicant, documents enclosed along with the bail application, trial is likely to take sometime, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 9. 9. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that: (a) 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. (b) 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 under Section 269 of Bharatiya Nyaya Sanhita. (c) In case, the applicant misuses the liberty of bail during trial andin order to secure 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, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 4 (d) 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 in accordance with law. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY Date: 2026.02.13 19:38:42 +0530