2025:CGHC:56105 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9297 of 2025

1 - Ankit Nishad S/o Ishwar Nishad Aged About 23 Years R/o Shanti Nagar Bhatapara, P.S. Bhatapara City, Distt. Balodabazar-Bhatapara, Chhattisgarh.

2 - Vishal Das Manikpuri S/o Shiv Balak Das Aged About 26 Years R/o Shanti Nagar Bhatapara, P.S. Bhatapara City, Distt. Balodabazar-

Bhatapara, Chhattisgarh.

... Applicants versus State of Chhattisgarh Through Station House Officer, Police of Police Station Bhatapara (City), District Balodabazar-Bhatapara, Chhattisgarh.

... Non-applicant For Applicants : Mr. Ramsajiwan, Advocate For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice

Order On Board

18.11.2025

1. The applicants have preferred this First Bail Application under Section 9483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as they have been arrested in connection with Crime No. 511/2025, registered at Police Station- Bhatapara (City), District Balodabazar-Bhatapara, (C.G.) for the offence punishable under Sections 303(2), 3(5) Bharatiya RAHUL DEWANGAN Nyaya Sanhita, 2023.

Digitally signed by RAHUL DEWANGAN

2. As per the brief facts of the prosecution case, on 16.09.2025 the complainant, Sachin Sachdev, withdrew an amount of Rs. 9,95,000/- from the Bank of Baroda and kept the said amount in his bag. While he was on his way and talking on his mobile phone, some unknown persons allegedly stole Rs.5,00,000/- from his bag. The complainant thereafter lodged a report at the concerned police station. During investigation, on the basis of CCTV footage, the present applicants along with the co-accused persons were apprehended, and a charge-sheet has been filed before the competent court. Hence, the present bail application has been preferred.

3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is argued that the applicants have not acted in the manner alleged by the prosecution, and the FIR itself was registered against unknown persons. It is further submitted that the applicants have been arrayed as accused only on the basis of CCTV footage and the memorandum statements of co-accused persons, which, by themselves, are not sufficient to establish their involvement. He contends that there is no independent witness or direct evidence connecting the applicants with the alleged theft, and the prosecution has failed to produce any cogent material to show their participation in the incident. He also submits that the charge-sheet has been filed before the competent Court, applicant No.1 has no previous criminal antecedents and applicant No.2 has only 01 criminal antecedent under the IPC and they are in jail since 16.09.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants.

4. On the other hand, the learned State counsel opposed the bail application of the present applicants and submitted that the offence is serious and the applicants’ involvement is clearly established during investigation. It is argued that the complainant had withdrawn Rs.9,95,000/- from Bank of Baroda on 16.09.2025 and, while he stopped near the Guru Nanak Hotel underbridge and was talking on his mobile phone, unknown persons stole Rs.5,00,000/- from the bag on his shoulder. CCTV footage from the spot led to the identification of the applicants and co-accused, who were recognized by local persons as vendors selling snacks in passenger trains. During the search, all accused were apprehended and, in their memorandum statements, admitted their involvement. From their possession, a total of Rs.3,88,000/- was recovered, Rs.1,90,000/- from Ankit Nishad, Rs.70,000/- from Vishal Das Manikpuri, Rs.59,500/- from Prem Lal Nishad, and Rs.68,500/- from Anish Sahu. It is therefore submitted that the CCTV footage, recovery of stolen money, and admission of guilt establish a s