[Cites 15, Cited by 0]
Chattisgarh High Court
Firoz Khan vs State Of Chhattisgarh on 17 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
GOURI
MUDALIAR
Digitally signed by
GOURI MUDALIAR 2026:CGHC:12744
Date: 2026.03.18
10:57:15 +0530 NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1636 of 2026
Firoz Khan S/o Sabbir Khan Aged About 37 Years R/o Village- Mehroli Bhind,
Police Station- Gormi, District Bhind (M.P) ... Applicant
versus
State Of Chhattisgarh Through Station House Officer, Police Station-
Akaltara, District- Janjgir-Champa (C.G.) ... Respondent
For Applicant : Shri Chandrikaditya Pandey, Advocate.
For : Ms. Vaishali Mahilong, Dy.G.A.
Respondent/State
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
17/03/2026
1. This is the first bail application filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular
bail to the applicant who has been arrested in connection with Crime
No.616/2025 registered at Police Station Akaltara, District- Janjgir-
Champa (C.G.) for the offence punishable under Sections 303(2),
317(2), 238, 317(4), 61(2), 3(5) of Bharatiya Nyaya Sanhita, 2023
(corresponding section 379, 411, 201, 413, 120B, 34 of Indian Penal
Code, 1860).
2. Case of the prosecution, in brief, is that on 26.11.2025, one Manju
Joshi, working as JE in CSPDCL lodged a report in Police Station-
Akaltara alleging inter-alia that L.T. AB cable were stolen by some
unknown thieves from Village Kotmi Sonar (Sawariya Dera) of Akaltara
Rural Distribution Center. As per the report, the approximately cost of
cable wires was Rs.86,724/-. On the basis of written report preferred
by JE, the police registered an offence bearing Crime No. 616/2025 for
the offence under Section 303(2) of Bharatiya Nyaya Sanhita, 2023
and the present applicant along with 10 other accused persons were
arrested by the police and all of them were implicated in three criminal
cases including the present case. The applicant was arrested by the
police, articles were seized, statement of the witnesses were recorded
and after the completion of entire investigation, charge-sheet has been
filed before the learned Judicial Magistrate First Class, Akaltara,
District Janjgir-Champa (C.G.) where the Criminal Case No. 58/2026 is
pending for trial.
3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. He would submit
that bare perusal of the FIR reveals that the offence was allegedly
committed by unknown persons, and there is no specific allegation
regarding the involvement of the present applicant in the theft,
transportation, or sale of the stolen property. It is further submitted that
the applicant is merely a driver of the vehicle in question and had no
knowledge or intention regarding the alleged offence. The vehicle may
have been used, but the applicant acted only under instructions in the
course of his employment, without any criminal intent. He would submit
that the applicant has two other criminal cases in the same police
station in which the bail applications are filed which are listed today
along with this bail application, charge sheet has been filed in this
case, the applicant is in jail since 22/12/2025 and conclusion of trial will
take some time, therefore, he prays for grant of bail to the applicant.
4. On the other hand, learned State Counsel opposes the bail application
and she would submit that charge sheet has been filed in this case
before the competent court. She would submit that besides this case
the applicant has two criminal antecedents which has been explained
in para 4(a) of the bail application and applicant has one criminal
antecedent in the State of Rajasthan.
5. I have heard learned counsel appearing for the parties and perused the
case diary.
6. Taking into consideration the facts and circumstances of the case,
submission of learned counsel for the parties, materials available on
record, period of detention of the applicant since 22/12/2025, charge
sheet has been filed and also considering the fact that trial is likely to
take some time for its conclusion, without commenting anything on the
merits of the case, this Court is of the view that the applicant is entitled
to be released on bail in this case.
7. Accordingly, the bail application is allowed and it is directed that the
Applicant-Firoz Khan involved in Crime No.616/2025 registered at
Police Station Akaltara, District- Janjgir-Champa (C.G.) for the offence
punishable under Sections 303(2), 317(2), 238, 317(4), 61(2), 3(5) of
Bharatiya Nyaya Sanhita, 2023, 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
for necessary information and compliance.
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
gouri
