Digitally signed by GOURI GOURI MUDALIAR MUDALIAR Date:

2025.12.16

18:28:27 2025:CGHC:60970 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8955 of 2025 Anup Kumar S/o Shri Dhanesh Shah Aged About 22 Years R/o Village-

Khalwa, P.S. - Noutan, District : Siwan, Bihar ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Bango, District : Korba, Chhattisgarh ... Respondent For Applicant : Ms. Kiran Sahu, Advocate.

For : Shri Amit Verma, PL.

Respondent/State Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

15/12/2025

1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.100/2025 registered at Police Station Bango, District- Korba (C.G.) for the offence punishable under Sections 309(4), 309(6), 111, 310(2), 238, 61(2) of the BNS.

2. Case of the prosecution, in brief, is that on 04.07.2025, the complainant Aman Yadav lodged a report at Police Station Bango alleging that on the same day, when he was driving from Champa Railway Station to Korba in his car bearing registration number CG-11- BQ-9572 along with four unknown passengers. It is alleged that during the journey, near Ringaniya-Sarbhoka road, the said passengers forcibly robbed the complainant of his above vehicle and one Redmi-10 Android mobile phone and thereafter fled away from the spot. On the basis of this report, Crime No. 100/2025 was registered for the offence under Section 309(4) BNSS and investigation commenced. During investigation, CCTV footage, tower dump data and mobile tower locations were analyzed, on the basis of which the presence of suspected accused persons were traced to Siwan district, Bihar. Acting thereupon, the police apprehended and interrogated accused Anup Kumar and Pankaj Kumar Singh, who during interrogation, disclosed the involvement of co-accused persons namely Ashish Rai @ Prince, Pintu Kumar Rai, Ravi Kumar Prasad, Bittu Kumar Gupta and Rameshwar Singh, the alleged owner of the vehicle (Nexon) used in the commission of the offence bearing registration No. UP 52 BF7673 (owner name-Rrameshwar Singh). Accused Anup Kumar and Pankaj Kumar Singh were arrested on 26.07.2025 and accused Ashish Rai @ Prince was arrested on 13.10.2025. As the remaining accused persons absconded and thereafter, the Police had prepared absconding panchnama. After collection of sufficient evidence, a charge-sheet was filed before the learned Trial Court on 17.10.2025 against the arrested accused persons, including the present applicant herein.

3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in this case and no incriminating material is seized from the applicant herein. She would submit that the charge sheet has been filed in this case, and the applicant is in jail since 27/07/2025 and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant.

4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court and the applicant has one criminal antecedent in the State of Bihar of the year 2024. He would submit that vehicle of the complainant has been recovered from the possession of the applicant, therefore he is not entitled to be released on bail.

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, period of detention of the applicant since 27/07/2025, charge sheet has been filed, applicant has one criminal antecedent in the State of Bihar of the year 2024 and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be re