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Chattisgarh High Court
Yasin Qurashi vs State Of Chhattisgarh on 27 February, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:10263
Digitally
signed by
VAISHALI NAFR
VAISHALI LUCKY
LUCKY NAGARIA
HIGH COURT OF CHHATTISGARH AT BILASPUR
NAGARIA Date:
2026.02.28
10:27:48
+0530
MCRC No. 1819 of 2026
• Yasin Qurashi S/o Late Iqbal Qurashi Aged About 33 Years R/o
Village- Kulipada, Near Meat Shop, Police Station And District-
Sahebganj (Jharkhand)
... Applicant
versus
• State Of Chhattisgarh Through Station House Officer, Police
Station- Gudiyari Raipur, District- Raipur (C.G.)
... Respondent
(Cause title is taken from Case Information System)
For Applicant : Ms. Fouzia Mirza, Senior Advocate with
Mr. Ali Afzal Mirza, Advocate
For : Ms. Anusha Naik, Gy.G.A.
Respondent/State
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
27.02.2026
1. The applicant has preferred this Second 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 No.327/2025, registered at Police Station - Gudiyari
Raipur, District - Raipur (C.G.) for the offence punishable under
Sections 303(2), 311, 317(2), 317(4), 317(5), 3(5) the Bharatiya
Nyaya Sanhita, 2023 (BNS).
2. The case of the prosecution, is that the complainant lodged a
written complaint at Police Station Gudiyari, wherein in his
complaint the complainant has stated that on 22.06.2025 at 7
A.M. in the morning at Pahadi Chowk Gudiyari while he was
buying vegetables and tried to make payment for the vegetables
using his PhonePe from his mobile, when the complainant tried
to take out his mobile from the shirt's pocket, the mobile phone
was missing, having SIM No. 9630306352. When the
complainant searched for his mobile phone in the nearby places
the same could not be found and it came to the knowledge of
the complainant, that during the time of buying the vegetables,
someone has stolen the mobile of the complainant from his
possession. After an hour the complainant discovered that from
his PhonePe Rs. 60,000/- and after 10 to 15 minute Rs.
39,000/- has been transferred using his UPI. The complainant
tried his best to trace his mobile but could not find it, as a
result of which, he lodged a report on 09.07.2025. Acting upon
the written complaint made by the complainant, Police Station
Gudiyari, Raipur, lodged an FIR against unknown person for
the offence punishable under section 303(2) of the BNS, 2023,
under the Crime No. 327/2025 and the matter was taken under
investigation. After completion of entire investigation, charge-
sheet has been filed before the learned Chief Judicial
Magistrate, Raipur, District Raipur (C.G.) and the case was
registered as Criminal Case No. 41967/2025 which is pending
before the learned 5th Additional Judge to the Court of First CJ-
II, Raipur (C.G.). Copy of the FIR bearing crime no. 327/2025 is
annexed herewith as Annexure-A/3.
3. It is argued by the learned counsel for the applicant that the
applicant is innocent and has falsely been implicated in this
case. She further submits that the first bail application filed by
the applicant was rejected vide order dated 09.12.2025 passed
in MCRC No.8767 of 2025 and there is no criminal antecedents
registered against the present applicant and co-accused persons
have also been enlarged on bail by this Court in MCRC
Nos.10519 of 2025, 10116 of 2025 vide orders dated
05.02.2026. It is further submitted that the charge-sheet has
been filed in this case. The applicant is in jail since 23.07.2025
and trial is likely to take quite long time for its conclusion,
therefore, he prays for grant of bail on the ground of parity.
4. On the other hand, the learned State counsel opposes the bail
application and submits that there is no criminal antecedents
registered against the present applicant and the charge-sheet
has been filed in this case.
5. I have heard learned counsel for the parties and perused all of
the documents available on record.
6. Taking into consideration the facts and circumstances of the
case, nature and gravity of allegation levelled against the
applicant and the fact that there is no criminal antecedents
registered against the present applicants, co-accused persons
have also been enlarged on bail by this Court in MCRC
Nos.10519 of 2025, 10116 of 2025 vide orders dated
05.02.2026, charge-sheet has been filed against the applicant,
the applicant is in jail since 23.07.2025 and conclusion of the
trial is likely to take some time, I am inclined to allow this
application on the ground of parity.
7. Let applicant- Yashi Qurashi, involved in Crime No.327/2025,
registered at Police Station - Gudiyari Raipur, District - Raipur
(C.G.) for the offence punishable under Sections 303(2), 311,
317(2), 317(4), 317(5), 3(5) the Bharatiya Nyaya Sanhita, 2023
(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.
8. 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
vaishali
