[Cites 9, Cited by 0]
Chattisgarh High Court
Mohammad Ujer Khan @ Ujji vs State Of Chhattisgarh on 10 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:16695
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1400 of 2026
Mohammad Ujer Khan @ Ujji S/o Usman Khan, Aged About 27 Years R/o
Village Singar PS Bichhor District Newat Nuhoo (Hariyana)
--- Applicant
versus
State Of Chhattisgarh Through- Police Station - Kawardha, District -
Kabirdham (Chhattisgarh)
--- Non-applicant
Along with
MCRC No. 893 of 2026
Mohammad Ujer Khan @ Ujji S/o Usman Khan Aged About 27 Years R/o
Village Singar PS Bichhor District Newat Nuhoo (Hariyana)
---Applicant
Versus
State Of Chhattisgarh Through- Police Station - Kawardha, District -
Kabirdham (Chhattisgarh)
--- Non-applicant
RAJSHEKHAR Along with
SONI
MCRC No. 2207 of 2026
Digitally signed Mohammad Ujer Khan @ Ujji S/o Usman Khan, Aged About 27 Years R/o
by
RAJSHEKHAR Village Singar P.S. Bichhor District- Newat Nuhoo (Hariyana)
SONI ---Applicant
Versus
State Of Chhattisgarh Through- Police Station - Kawardha, District -
Kabirdham (Chhattisgarh)
---- Non-applicant
For Applicant : Mr. Vijay Shankar Mishra, Advocate.
For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer.
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 Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of
regular bail, as he has been arrested in connection with Crime Nos.
156/2025, 20/2025 and 165/2025, registered at Police Station -
Kawardha, District - Kabirdham (C.G.) for the offence punishable
under Sections 303(2) and 112 of BNS, Sections 303(2), 112 and 3(5)
of BNS and Sections 309(4) and 311 of BNS.
2. The case of the prosecution in MCRC No.1400/2026, is that A written
application was submitted by the complainant, Vinod Kumar
Dhritlahare, at Kawardha Police Station, stating that on the night of
April 13, 2025, an unknown person stolen his dump truck, bearing
registration number CG 04 MQ 7477, from behind Holy Cross School
in Kawardha. Based on this complaint, a case was registered against
an unknown person, and an investigation was initiated. To locate the
unknown accused and the vehicle, checkpoints were set up based on
CCTV camera footage from the city and information obtained from the
cyber cell, including CDR (Call Detail Records) and tower location
data. During the checkpoint operation, a dump truck was observed
being driven at high speed by the accused. When ordered to stop, the
driver did not comply and fled, abandoning the truck near a field. Upon
searching the area, the police apprehended the accused, Mohammad
Umer Khan and Mohammad Mused. Upon questioning, the accused
confessed that they, along with their accomplices Raunak, Mohammad
Samim, and Mohammad Jameel, had stolen the dump truck from
Bemetara on the basis of memorandum statement police has
registered the aforesaid offence against the applicant.
3. The case of the prosecution in MCRC No.893/2026, is that The
complainant, Vijay Patel, lodged a report at Kawardha Police Station
on January 16, 2025, stating that his driver, Jayprakash Khande,
informed him over the phone that on October 15, 2025, he had parked
his sand-laden tipper truck, bearing registration number CG 09 AS
0443, in Transport Nagar, Kawardha, at 7:00 AM, and that the truck
was now missing. Upon searching, the complainant and the driver
could not locate the vehicle, and it was suspected that an unknown
thief had stolen the said tipper truck. Based on the complainant's
report, a case was registered against an unknown accused at
Kawardha Police Station under Crime Number 20/2025, sections
303(2) and 112 of the Indian Penal Code, and an investigation was
initiated, during the investigation police has arrested the applicant and
recorded the memorandum statement as per memorandum statement
registered the aforesaid offence against the applicant & other co-
accused.
4. The case of the prosecution in MCRC No.2207/2026, is that on
23.04.2025 at about 04:30 AM, the complainant Jwala Prasad Tandon
reported that while he was starting his motorcycle in front of his house
to go to his sugarcane field, two unknown persons suddenly
approached him from Barabaspur Road. It is alleged that one accused
caught hold of the complainant and removed the motorcycle key, while
the other threatened him with a sharp-edged knife by placing it on his
stomach, pushed him to the ground, and both accused fled towards
Dabra Path after forcibly taking away his motorcycle. On the basis of
the said report, a criminal case was registered. During investigation,
on the memorandum statements of the accused persons in Crime No.
156/2025 under Section 303(2) BNS, it was alleged that the offence
was committed by showing a knife and looting the Honda Shine
motorcycle bearing No. CG-09-ZB-1143. Subsequently, the motorcycle
was allegedly recovered from applicant/ accused Ujer @ Ujji Khan,
and the knife allegedly used in the offence was recovered from
accused Mused Khan.
5. It is argued by the learned counsel for the applicant that the applicant
is innocent and has been falsely implicated in this case and there are
no criminal antecedents of the applicant beside these three cases. It is
further submitted that the charge-sheet has been filed in these cases.
The applicant is in jail since 24.04.2025 and trial is likely to take quite
long time for its conclusion, therefore, he prays for grant of bail.
6. On the other hand, the learned State counsel opposes the bail
application and submits that there are no criminal antecedents of the
applicant beside these three cases, and the charge-sheet has been
filed in this case. It is further submitted that in MCRC No.1400/2026
and in MCRC No.893/2026, the applicant is said to have committed
theft of trucks of the complainants Vinod Kumar Dhritlahare and Vijay
Patel and in MCRC No.2207/2026, the applicant is said to have
committed the theft of motorcycle of the complainant Jwala Prasad
Tandon, and the applicant is not entitled for grant of bail.
7. I have heard learned counsel for the parties and perused all of the
documents available on record.
8. Taking into consideration the facts and circumstances of the case,
nature and gravity of allegation levelled against the applicant and the
fact that though in MCRC No.1400/2026 and in MCRC No.893/2026,
the applicant is said to have committed theft of trucks of the
complainants Vinod Kumar Dhritlahare and Vijay Patel and in MCRC
No.2207/2026, the applicant is said to have committed the theft of
motorcycle of the complainant Jwala Prasad Tandon, but there are no
criminal antecedents of the applicant beside these three cases and
charge-sheet has been filed against the applicant, furthermore, the
applicant is in jail since 24.04.2025 and conclusion of the trial is likely
to take some time, I am inclined to allow this application.
9. Let applicant, Mohammad Ujer Khan @ Ujji, involved in Crime Nos.
156/2025, 20/2025 and 165/2025, registered at Police Station -
Kawardha, District - Kabirdham (C.G.) for the offence punishable
under Sections 303(2) and 112 of BNS, Sections 303(2), 112 and 3(5)
of BNS and Sections 309(4) and 311 of BNS, be released on bail on
his furnishing a 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 misuses the liberty of bail
during trial and in order to secure his presence,
proclamation under Section 84 of BNSS. is issued
and the applicant fails 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.
10. Office is directed to send a certified copy of this order to the trial Court
concerned for necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha)
Chief Justice
Rajshekhar
