2026:CGHC:12971 NAFR KUNAL DEWANGAN D si i g g n it e a d l l b y y HIGH COURT OF CHHATTISGARH AT BILASPUR KUNAL DEWANGAN MCRC No. 2424 of 2026 Khevendra Das Manikpuri S/o Pritam Das Manikpuri Aged About 19 Years R/o Near Chota Pani Tanki, Talab Para, Tekari, Mandhar, Police Station Vidhansabha, District Raipur, Chhattisgarh.

... Applicant(s)

versus State Of Chhattisgarh Through Station House Officer, Civil Lines Raipur, District Raipur, Chhattisgarh.

... Non-applicant(s)

For Applicant(s) : Mr. Sunil Verma, Advocate.

For Non-applicant(s) : Ms. Ritika Verma, Panel Lawyer.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

18/03/2026

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 Lines, Raipur District - Raipur (C.G.) for the offence punishable under Section 303(2) of BNS.

2. The case of the prosecution, in brief, is that on 28.08.2025, the complainant’s motorcycle bearing registration No. CG-04-PM-0942 (KTM 200 Duke) was parked near IC Spicy, Katora Talab, by his brother, but was found missing thereafter, upon which it was reported that an unknown person had stolen the said vehicle and a crime was registered. During the course of investigation, in connection with another case bearing Crime No. 360/2025, the police recorded the memorandum statements of the present applicant and other co-accused persons and on the basis of such statements and at the instance of the co-accused, the stolen motorcycle along with other vehicles was recovered from a multi- level parking area. Based upon such, aforesaid offences were registered agaisnt the accused and after completion of investigation, the police filed the challan before the learned trial Court. Hence, the bail application.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is contended that the implication of the applicant is solely based on the memorandum statement of the co-accused, namely Sandeep Sahu and no stolen vehicle or incriminating article has been recovered from his possession. There is no independent evidence such as CDR, mobile location, CCTV footage, or any witness connecting the applicant with the alleged offence. It is further submitted that the applicant is a 19-year-old daily wage labourer, having no criminal antecedents and is the sole earning member of his family and his continued detention is causing severe hardship. The applicant is in jail since 09.01.2026 and has no criminal antecedent, further charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant.

4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that although the present applicant has been implicated on the basis of the memorandum statement of the co-accused and no incriminating article has been seized from his possession, the stolen motorcycle has been recovered from the possession of the co-accused. It is fairly conceded that the applicant has no criminal antecedents however, considering the gravity and seriousness of the offence, it is prayed that the application for grant of bail be rejected.

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 and gravity of the offence, period of detention of the applicant since 09.01.2026 and the fact that the present applicant has been made an accused only on the basis of the memorandum statement of the co-accused, coupled with the fact that no incriminating seizure has been made from his possession and he has no criminal antecedents and further that the charge-sheet has already been filed, this Court is of the view that the applicant is entitled