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2026:CGHC:19634

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRC No. 3836 of 2026

Sanjay Kurrey S/o Late Doman Lal Kurrey Aged About 18 Years R/o

Deopuri, Satnamipara, Near To Jaitkhambh, P.S. Tikrapara, Tahsil And

District Raipur Chhattisgarh ... Applicant

VAIBHAV

SINGH

Digitally signed by

VAIBHAV SINGH versus

Date: 2026.04.28

16:29:50 +0530

State Of Chhattisgarh Through S.H.O. P.S. Mana Camp, Raipur, District

Raipur Chhattisgarh ...Non-applicant

For Applicant : Mr. Pushkar Sinha, Advocates.

For Non-Applicant/State : Mr. Sourabh Sahu, Panel Lawyer.

Hon'ble Shri Ramesh Sinha, Chief Justice

Order on Board

28.04.2026

1.

The applicant has preferred this Second Bail Application under

Section 483 of B.N.S. for grant of regular bail, as he has been

arrested in connection with Crime No. 328/2025, registered at Police

Station : Mana Camp, Raipur District - Raipur (C.G) for the offence

punishable under Sections 309(6) 310(2) of the BNS 2023.

2.

The earlier bail application of the applicant was rejected by this

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Hon’ble Court vide order dated 18.03.2026 passed in MCRC No. 2555

of 2026, with liberty to file a fresh application after rejection of the

same by the trial Court for the offence under Section 310(2) of the

BNS.

3.

The prosecution case, in brief, is that the complainant lodged written

report and alleged that on 08.11.2025 at about 10:45 p.m near to his

house three person with covered their faces came to him and

assaulted to him by knife looted Rs 43,000/- from him. On the basis of

report FIR has been lodged for the offence under section 309 (6) of

B.N.S and during investigation on the basis of memorandum

statement of co accused, the applicant/accused has been arrested on

08.12.2025 and since he is in jail and after filing of charge sheet

offence under section 310 (2) of B.N.S has been added.

4.

Learned counsel for the applicant submits that the applicant has been

falsely implicated in the case. He further submits that as the applicant

has neither committed the alleged offence nor had any active

participation in its commission. The implication of the applicant is

based solely on the memorandum of a co-accused, which has no

evidentiary value in the absence of corroboration. There is no material

evidence on record connecting the applicant with the alleged offence,

and he has not caused any injury to the complainant; moreover, the

co-accused persons, who are alleged to have assaulted the

complainant, have already been enlarged on bail by the learned Court

below, and the injuries sustained are simple in nature. The applicant is

about 18 years of age, has been in custody since 08.12.2025, and is

the sole earning member of his family, with his aged mother

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dependent upon him, due to which the family is facing severe financial

hardship. The offence is triable by the learned JMFC and its final

disposal is likely to take time, therefore, considering the period of

detention, the applicant deserves to be released on bail. The applicant

is a permanent resident of the address mentioned in the cause title

and there is no likelihood of his absconding or tampering with the

prosecution evidence. He undertakes to abide by all terms and

conditions that may be imposed by this Hon’ble Court while granting

bail.

5.

On the other hand learned State counsel opposes the bail application

of the applicant and submits that the charge-sheet has been filed in

the present case.

6.

I have heard learned counsel for the parties and perused the case

diary.

7.

Taking into consideration the facts and circumstances of the case, the

nature of the allegations levelled against the applicant, and the fact

that the first bail application was rejected by this Hon’ble Court vide

order dated 18.03.2026 passed in MCRC No. 2555 of 2026, with

liberty to file a fresh application after rejection of the same by the trial

Court for the offence under Section 310(2) of the BNS, and further

considering that the present applicant has no previous criminal

antecedents and has been in custody since 08.12.2025, coupled with

the fact tha