Order on Board

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. 421/2025 registered at Police Station- Civil Line, District - Raipur, (C.G.) for the offence punishable under Sections 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

RAHUL DEWANGAN

2. The prosecution story, in brief, is that on the basis of a report lodged

Digitally signed by RAHUL DEWANGAN

regarding the theft of a vehicle bearing registration No. CG-04-PM-0942 by an unknown person, an FIR was registered at Police Station Civil Line, Raipur. During the course of investigation, the present applicant was taken into custody, and it is alleged that during custodial interrogation, he made a memorandum statement leading to the discovery of incriminating evidence. Pursuant to the said disclosure, the police conducted a search at a multi-level parking facility, which resulted in the recovery and seizure of the said stolen motorcycle along with several other motorcycles and Activa scooters, allegedly kept there by the applicant in connivance with other co-accused persons. On the basis of the aforesaid allegations, the offence has been registered against the applicant, who has been arrested, hence, this bail application.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has no role to play in the commission of the alleged offence. It is further submitted that there is no cogent legal material available on record to constitute the offence as alleged by the prosecution. She submits that the co-accused, namely Khevendra Das Manikpuri, has already been granted regular bail by this Hon’ble Court vide order dated 18.03.2026 passed in MCRC No. 2424/2026, and therefore, the present applicant is also entitled to be released on bail on the ground of parity. It is further contended that the alleged recovery has been made from a multi-level parking, which is a public place, and therefore, the link between the applicant and the seized vehicle is highly doubtful and is a matter of trial, especially when the applicant has not been named in the FIR. She further submits that the present applicant has 02 previous criminal antecedents explained in paragraph 4(a) of the bail application. She also submits that the applicant is a young man aged about 19 years, having deep roots in society, with no likelihood of absconding or tampering with prosecution evidence. It is further submitted that the charge-sheet has already been filed, the applicant is in jail since 09.01.2026, and no prosecution witnesses have been examined till date and the trial is likely to take some time for its conclusion. Therefore, she prays for grant of bail to the applicant.

4. On the other hand, learned State counsel opposes the present bail application and submits that the charge-sheet has been submitted before the competent Court. He further submits that the applicant is actively involved in the commission of the offence and his complicity is clearly established from the material collected during investigation. It is contended that the co-accused, namely Khevendra Das Manikpuri, who has been granted regular bail by this Hon’ble Court vide order dated 18.03.2026 passed in MCRC No. 2424/2026, stands on a different footing, as no recovery was effected from him. In contrast, in the present case, the stolen motorcycle along with other vehicles has been recovered at the instance of the applicant from a multi-level parking pursuant to his memorandum statement, which clearly establishes his direct involvement in the offence. It is further submitted that such recovery is a strong incriminating circumstance against the applicant and distinguishes his case from that of the co-accused. He also submits that the present applicant has 02 criminal antecedents of the similar natur

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