2026:CGHC:10434 SHARMA NAFR Date: 2026.04.17 HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 571 of 2024

1 - State Of Chhattisgarh Through- Aarkashi Kendra City Kotwali, District Raigarh, Chhattisgarh ... Appellant(s)

versus

1 - Saiyyad Jafar @ Chhotu Khan @ Abhishekh S/o Baba Nakhun Shah Aged About 32 Years R/o Bahadurpur, Housing Colony Sector 06, Block 5, M.I.G.

145, Bhutnath Road, Police Station Agamkunwa, District Patna (Bihar).

2 - Subodhkant Singh @ Chhotu @ Abhishekh S/o Shri Ishwar Prasad Singh Aged About 28 Years R/o Chistipur, District Nalanda (Bihar)

3 - Vicky Kumar @ Vicky @ Rajkumar S/o Shri Dwarika Prasad Badhai Aged About 22 Years R/o Badhaiya, Bigha, Police Station Sahar Telpo, District Arbal (Bihar) Present Address Panchsheelnagar, Kumharar, Police Station Agamkunwa, District Patna (Bihar).

... Respondent(s)

For Appellant/State : Mr. Ghanshyam Kashyap, Dy. Govt. Advocate.

For Respondents : Mr. N. Naha Roy, Advocate. Hon'ble Shr i Justice Ravindra Kumar Agrawal, J.

Judgment on Board

27/02/2026

1. The present acquittal appeal has been filed by the appellant/State under Section 378(3) of the Code of Criminal Procedure, 1973 against the impugned judgment of acquittal dated 23.02.2019 passed by learned 5^th Additional Sessions Judge, Raigarh District Raigarh (C.G.) in Sessions Case No. 585/2014, whereby the respondent accused persons have been acquitted from the offences of Section 342/34, 347/34, 397/34 of IPC and Section 25 (1) (1-A) and 27 of the Arms Act, 1959.

2. The brief facts of the case are that on 04.10.2018 at about 12:54 pm, there was a robbery committed in ICICI Bank, Raigarh on the point of gun, and the accused persons robbed Rs. 75 lakhs from the chest of the bank and Rs. 49,980/- from the cash counter. On the basis of the report lodged by Rohit Bhutra (PW-1), the Dehati Nalishi Ex.P/2 was recorded on 04.10.2010 at about 13:30 hours against the 04 unknown persons. During the commission of the offence, the accused persons caused injuries to the guard of the bank, Ashutosh Upadhyay (PW-13). The injured Ashutosh Upadhyay was taken to K.G. Hospital, Raigarh, where he was medically examined by Dr. Jayant Shrivastava (PW-10), who found one lacerated wound on the right parietal region of his head, bleeding present. He was referred for x-ray of his head; however, no any bony injuries were found on the head, and x-ray report is Ex.P/34. The CCTV footage of ICICI Bank, Raigarh, and the bank slip which were used in bundle of currency notes have been seized vide seizure memo Ex.P/8. One assembled CPU of ICICI Bank has also been seized vide seizure memo Ex.P/7. The spot map Ex.P/1 was prepared by the police.

3. The FIR Ex.P/25 was recorded by the Police against the 04 unknown persons for the offence under Section 342, 347, 394 of IPC, and Section 25 & 27 of the Arms Act.

4. During the investigation, the accused Saiyyad Jafar @ Chhotu Khan @

Abhishekh was arrested on 07.05.2011, Vicky Kumar @ Vicky @ Rajkumar was arrested on 21.05.2011, and the accused Subodhkant Singh @ Chhotu @ Abhishekh was arrested on 01.06.2011, and their memorandum statements Ex.P/12, Ex.P/13, and Ex.P/14 respectively were recorded. On the basis of their memorandum statement, from the accused Saiyyad Jafar @ Chhotu Khan @ Abhishekh, one motorcycle, cash of Rs. 50,000/-, one country-made pistol, and one live cartridge have been seized vide seizure memo Ex.P/15. From the accused Vicky Kumar @ Vicky @ Rajkumar, one country-made pistol has been seized vide seizure memo Ex.P/16, and from the accused Subodhkant Singh @ Chhotu @ Abhishekh, one motorcycle has been seized vide seizure memo Ex.P/17. Spot map Ex.P/1 was prepared by the police, and Ex.P/4 was prepared by the Revenue Inspector. The accused Saiyyad Jafar @ Chhotu Khan @ Abhishekh was put to test identification parade ( in short ‘TIP’) on 09.05.2011, which was conducted by the Executive Magistrate at Tahsil Office Campus, and during the TIP, accused Saiyyad Jafar @ Chhotu Khan @ Abhishekh was duly identi