[Cites 3, Cited by 0]
Chattisgarh High Court
Chhotu Khan @ Aashif Khan Momin vs State Of Chhattisgarh on 10 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:16693
Digitally
signed by
NAFR
ARPAN
ARPAN SRIVASTAVA
SRIVASTAVA Date:
HIGH COURT OF CHHATTISGARH AT BILASPUR
2026.04.10
17:14:19
+0530
MCRC No. 2290 of 2026
Chhotu Khan @ Aashif Khan Momin S/o Abdul Majid Momin Aged
About 23 Years R/o Village- Madai, P.S.- Seepat, Khamaraiya, District-
Bilaspur (Cg)
... Applicant
versus
State Of Chhattisgarh Through The Reserve Center Akaltara,
District- Janjgir-Champa(Cg)
... Respondent
For Applicant : Ms. Deepali Gupta, Advocate
For State/ Respondent : Mr. Saurabh Sahu, P.L.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
10/04/2026
1. The applicant has preferred this First Bail Application under
Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023
for grant of regular bail, as he has been arrested in
connection with Crime No.0525/2025, registered at Police
Station : Akaltara, District-Durg Janjgir-Champa (C.G.) for the
offence punishable under Sections 309(4), 296, 115(2), 3(5),
312, 238(B) of the Bharatiya Nyaya Sanhita, 2023 and 25, 27 of
Arms Act.
2. The case of the prosecution, in brief, the prosecution case is
that on 16.10.2025, certain unknown persons allegedly
intercepted a truck within the jurisdiction of Police Station
Akaltara, District Janjgir-Champa, and committed robbery of
₹85,000/-. During the course of investigation, the present
applicant was apprehended on 18.12.2025 on suspicion of his
involvement in the said offence, and it is alleged that he acted
in concert with other co-accused persons in the commission
of the crime. Upon completion of investigation, the police filed
the charge-sheet on 11.02.2026 for the offences punishable
under the relevant provisions of the Bharatiya Nyaya Sanhita
and the Arms Act, and the matter is presently pending at the
stage of committal before the competent Court.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated after an unexplained
delay of about two months without any direct or credible
evidence. It is further submitted that no recovery has been
made from the applicant and no specific overt act has been
attributed to him. It is further contended that the FIR was
initially registered against unknown persons and no CCTV or
reliable material connects the applicant with the alleged
offence. It is also further submitted that the applicant has no
previous criminal antecedents.
4. Per contra, learned counsel for the State opposes the bail
application and submits that the applicant is involved in a
serious offence of robbery and his involvement has been
revealed during the course of investigation. It is contended
that the delay in identification or absence of CCTV footage or
recovery is not fatal at the stage of bail and the same can be
proved during trial. It is further submitted that considering
the gravity of the offence, the applicant is not entitled to be
enlarged on bail.
5. I have heard learned counsel for the parties and perused the
case diary as well as the material available on record.
6. Taking into consideration the facts and circumstances of the
case, the period of detention of the case i.e. on 18.12.2025,
particularly the absence of any direct or cogent evidence
against the applicant, the fact that no specific overt act has
been attributed to him, the unexplained delay in his
implication, and the completion of investigation with filing of
the charge-sheet, this Court is of the considered opinion that
further custodial detention of the applicant is not warranted.
Considering also that the applicant has no criminal
antecedents, there is no material to indicate that he would
abscond or tamper with prosecution evidence, and the trial is
likely to take considerable time for its conclusion, this Court
finds it a fit case to extend the benefit of bail to the applicant.
Accordingly, the bail application is allowed.
7. Accordingly, the bail application of the applicant is allowed.
8. Let the Applicant - Chhotu Khan, involved in Crime
No.0525/2025, registered at Police Station : Akaltara, District-
Durg Janjgir-Champa (C.G.) for the offence punishable under
Sections 309(4), 296, 115(2), 3(5), 312, 238(B) of the Bharatiya
Nyaya Sanhita, 2023 and 25, 27 of Arms Act be released on
bail on furnishing personal bond with two local sureties in
the like sum to the satisfaction of the Court concerned with
the following conditions:-
(i) The applicant shall file an undertaking to the
effect that he shall not seek any adjournment on
the dates fixed for evidence when the witnesses
are present in court. In case of default of this
condition, it shall be open for the trial court to
treat it as abuse of liberty of bail and pass orders
in accordance with law.
(ii) The applicant shall remain present before the
trial court on each date fixed, either personally or
through his counsel. In case of his absence,
without sufficient cause, the trial court may
proceed against him under Section 269 of
Bharatiya Nyaya Sanhita.
(iii) In case, the applicant misuse the liberty of
bail during trial and in order to secure his
presence, proclamation under Section 84 of BNSS
is issued and the applicant fail to appear before
the court on the date fixed in such proclamation,
then, the trial court shall initiate proceedings
against him, in accordance with law, under
Section 209 of the Bharatiya Nyaya Sanhita.
(iv) The applicant shall remain present, in person,
before the trial court on the dates fixed for (i)
opening of the case, (ii) framing of charge and
(iii) recording of statement under Section 351 of
BNSS. If in the opinion of the trial court absence
of the applicant is deliberate or without sufficient
cause, then it shall be open for the trial court to
treat such default as abuse of liberty of bail and
proceed against him, in accordance with law.
9. Office is directed to provide a certified copy of this order to the
trial Court concerned for necessary information and
compliance forthwith.
10. Certified copy today.
Sd/-
(Ramesh Sinha)
Chief Justice
Arpan
