[Cites 0, Cited by 0]
Chattisgarh High Court
Ashif 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:12743
Date: 2026.03.18
10:57:14 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2384 of 2026
Ashif Khan S/o Late Shri Nasir Khan Aged About 24 Years R/o Village
Purani Basti Naila, Ward No. 04, Chauki Naila, P.S. Janjgir, Distt Janjgir
Champa Chhattisgarh (Distt. Wrongly Mentioned In Order Impugned As
Janjgir Champa)
... Applicant
versus
State Of Chhattisgarh Through Police Station Akaltara District Janjgir
Champa Chhattisgarh
... Respondent
For Applicant : Shri Syed Ishhadil Ali, 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.655/2025 registered at Police Station
Akaltara, District- Janjgir-Champa (C.G.) for the offence
punishable under Sections 303(2), 317(2), 317(4), 61(2), 238, 3(5)
of BNS, 2023.
2. Case of the prosecution, in brief, is that Crime No. 655/2025 has
been registered at Police Station Akaltara against the
applicant/accused Asif Khan under Sections 303(2), 317(2),
317(4), 61(2), 238, and 3(5) of the Bharatiya Nyaya Sanhita,
2023. The allegation is that the applicant, along with other co-
accused, jointly cut and stole LT AB cables (50 sqmm) used for
agricultural electricity supply from different locations within the
Kotgarh Distribution Center area on various dates in November
and December 2025. The stolen cables, weighing about 770 kg,
were loaded into vehicle No. MP-07-JB-3358 for the purpose of
sale, causing a loss of approximately Rs.4,44,736/- to the
electricity company. It is further stated that the applicant and co-
accused are also involved in similar offences registered as Crime
No. 616/2025 and Crime No. 375/2025 at Police Station Akaltara
under relevant provisions of the Bharatiya Nyaya Sanhita, 2023.
3. Learned counsel for the applicant submits that the entire
prosecution case is false and fabricated, the FIR was initially
registered against unknown persons, and the name of the
applicant did not appear at the inception. He would submit that the
applicant is a poor scrap collector by occupation and has no
nexus with any organized theft and no incriminating article has
been recovered from the applicant, and there is no material
evidence such as eyewitness account, CCTV footage, or
independent witness to establish his involvement. 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 24/12/2025 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.
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 24/12/2025 ,
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-Ashif Khan involved in Crime No.655/2025
registered at Police Station Akaltara, District- Janjgir-Champa
(C.G.) for the offence punishable under Sections 303(2), 317(2),
317(4), 61(2), 238, 3(5) of BNS, 2023, be released on bail on his
furnishing a personal bond with two 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
