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Chattisgarh High Court
Nakeeb Khan vs The State Of Chhattisgarh on 19 March, 2026
1
2026:CGHC:13184
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2520 of 2026
Nakeeb Khan S/o Sabeer Khan Aged About 18 Years R/o Bus Stand
Dongargarh, Distt - Rajnandgaon, Chhattisgarh
... Applicant
versus
The State of Chhattisgarh Through SHO, Thana - Dongargarh, Distt. -
Rajnandgaon, Chhattisgarh
... Non-applicant
For Applicant : Mr. Samir Singh, Advocate.
For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer.
Digitally
signed by Hon'ble Mr. Ramesh Sinha, Chief Justice
PREETI
PREETI KUMARI Order on Board
KUMARI Date:
2026.03.19
17:12:00
+0530
19.03.2026
1.
This is the first bail application filed under Section 483 of Bhartiya Nagrik
Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has
been arrested in connection with Crime No. 316/2025 registered at Police
Station- Dongargarh, District - Rajnandgaon (C.G.), for the offence
punishable under Sections 309(4), 61(2)(A)of Bhartiya Nyaya Sanhita,
2023 (for short, 'BNS') and Sections 25 and 27 of Arms Act.
2. The prosecution case, in brief, is that the complainant, namely Asgar Ali,
lodged a report stating that on 19.06.2025 at about 8:30 PM, co-accused
Nakeeb Khan called him and asked him to meet in the depot area. After
some time, two men arrived on a black scooter with towels tied around
their mouths. They asked him what he was doing, took out a knife, and
looted his gold ring and cash amounting to Rs. 8,000/-. They also used
his phone to transfer a total of Rs. 1,00,000/- to their account. The report
was lodged against them, and on the basis of the memorandum of the
co-accused, the police arrested the applicants for the alleged commission
of the offence.
3. Learned counsel for the applicant submits that the applicant has not
committed any offence and has been falsely implicated in the present
case despite not having committed any robbery of the complainant's
articles. The complainant and other witnesses have been examined
before the learned trial Court, and they have not supported the
prosecution's case. Out of 15 witnesses, only 4 have been examined
before the trial court so far. It is further submitted that the charge-sheet
has already been filed. Learned counsel further submits that the applicant
has no previous criminal antecedents. One case registered as Crime No.
134/2025 in which he is on bail. It is also submitted that other co-accused
persons have already been granted bail by this Court vide order dated
24.02.2026 passed in MCRC Nos. 1899/2026. It is further submitted that
the applicant is in judicial custody since 22.06.2025 and the conclusion of
the trial is likely to take considerable time. Therefore, a prayer has been
made for grant of bail to the applicant on the ground of parity.
4. On the other hand, learned counsel for the State opposes the bail
application of the applicant and submits that the charge-sheet has been
filed before the competent Court, but could not dispute the fact that
co-accused persons have already been granted bail by this Court and the
case of the present applicant is identical to that of the co-accused.
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, the
nature and gravity of the offence, and the fact that co-accused persons
have already been granted bail by this Court vide order dated 24.02.2026
passed in MCRC Nos. 1899/2026, further, the explanation of the criminal
antecedents has been provided in paragraph No. 4(a) of this bail
application, and the charge-sheet has already been filed, and considering
that the applicant has been in judicial custody since 22.06.2025, this
Court is of the view that the applicant is entitled to be released on bail in
the present case on the ground of parity.
7. Accordingly, the bail is allowed. Let the Applicant- Nakeeb Khan,
involved in Crime No. 316/2025 registered at Police Station- Dongargarh,
District - Rajnandgaon (C.G.), for the offence punishable under Sections
309(4), 61(2)(A)of Bhartiya Nyaya Sanhita, 2023 (for short, 'BNS') and
Sections 25 and 27 of Arms Act, 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
Preeti
