Citation : 2026 Latest Caselaw 769 Chatt
Judgement Date : 19 March, 2026
2026:CGHC:13169 NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2619 of 2026
Akib Meman S/o Shri Rafiq Khalkia Aged About 29 Years R/o Santoshi Nagar Pragati Vihar Raipur P/S Tikrapara Distt. Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through P/S Hathband Distt. Balodabazar-Bhatapara Chhattisgarh ... Non-applicant
For Applicant : Mr. Ajay Kumar Mishra, Advocate. For Non-applicant/State : Ms. Anusha Naik, Dy. Govt. Advocate.
Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board
19.03.2026 ABHISHEK SHRIVAS SHRIVAS Date:
2026.03.19 18:20:43 +0530 1. This is the First bail application filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant
who has been arrested in connection with Crime No. 221/2025 registered
at Police Station : Hathband, District Baloda-Bazar-Bhatapara (C.G.) for
the offence punishable under Sections 319(2), 318(4), 3(5) and 111 of
the Bhartiya Nyaya Sanhita, 2023.
2. The prosecution story, in brief, is that the complainant, Neeraj Verma,
lodged a written complaint at Police Station Hathband on 30.10.2025,
stating that the applicant, along with other co-accused, introduced
himself as a recovery agent of Hinduja Finance Company. It was alleged
that a Hiwa truck bearing registration No. CG 22W 8845 was financed by
Hinduja Finance and that the instalments were not being paid by the
debtor (owner). The allegation against the applicant is that he
fraudulently took away the said Hiwa truck. The police registered the
offence and arrested the applicant, while the other co-accused persons
are absconding.
3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. He submits that the
name of the applicant does not appear in the FIR, and he has been
arrested only on the basis of the memorandum statement of the co-
accused. He also submits that the applicant has no criminal antecedents
and he is in jail since 18.11.2025, conclusion of the trial may take some
time, therefore, he prays for grant of regular bail to the present applicant.
4. On the other hand learned State counsel opposes the bail application of
the present applicant and submits that the charge-sheet has been
submitted before the competent Court in the present case.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts and circumstance of the case, nature and gravity of
offence and further the fact that the applicant has no criminal
antecedents, further, the charge-sheet has already been submitted in the
present case before the competent Court and the present applicant has
been in jail since 18.11.2025, the trial is likely to take sometime for its
conclusion, therefore, I am of the opinion that the applicant is entitled to
be released on bail in this case.
7. Let applicant, Akib Meman, involved in Crime No. 221/2025 registered
at Police Station : Hathband, District Baloda-Bazar-Bhatapara (C.G.) for
the offence punishable under Sections 319(2), 318(4), 3(5) and 111 of
the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a
personal bond with two sureties in the like amount 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
Abhishek
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