MCRC/9219/2026 of LUCKY VISHVKARMA Vs STATE OF CHHATTISGARH on 14 October 2026

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.1180/2026 registered at Police Station Sarkanda, Bilaspur (C.G.), for the offence punishable under Sections 309(4) and 309(6) of Bhartiya Nyay Sanhita, 2023 (for short, the BNS, 2023).

2. As per the case of the prosecution, the present applicant along with co- accused Adil and Juvenile committed loot of motorcycle, two mobile phones, cash, wrist-watch, mobile charger and Cards from Himanshu Singh on 11.08.2026 at around 4:30 pm. F.I.R. was lodged by the complainant Himanshu Singh on 18.08.2026 against the present applicant and during course of investigation, police arrested the accused persons and recovered motorcycle and cash of Rs.1,000/- as well as mobile phones. Upon F.I.R., the police registered the offence as stated above, against the applicant.

3. Learned counsel for the applicant would submit that the police recovered cash of Rs.1,000/- from the present applicant; charge-sheet has been filed; he is in jail since 19.08.2026; there was delay in registration of F.I.R., which has not been explained and further no Test Identification Parade was conducted. He would further contend that the applicant has no criminal antecedents and conclusion of the trial is likely to take some considerable time. Therefore, he would pray that the bail application may be allowed and the applicant may be enlarged on bail.

4. On the other hand, learned counsel for the State would oppose the submissions advanced by the learned counsel for the applicant. She would submit that the present applicant along with co-accused persons looted motor-bike, two mobile phones, charger, wrist-watch, Cards from the complainant. She would submit that looted articles were seized on the instance of other accused and cash Rs.1,000/- was recovered from the present applicant, therefore, the bail application deserves to be rejected.

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Having considered the fact that the applicant has no criminal antecedents, charge-sheet has already been filed; there was delay of 7 days in registration of F.I.R; no Test Identification Parade was conducted and cash of Rs.1,000/- was seized from the possession of the present applicant; further considering that conclusion of trial may take some considerable time, I am inclined to grant bail to the applicant. Accordingly, the instant bail application is allowed.

7. It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the Court concerned with the following conditions:-

(i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court;

(ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, &

(iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

8. The observation made herein above is for the purpose of deciding this bail application only and the trial Court shall decide the case on its own merits. Sd/-

(Rakesh Mohan Pandey)

JUDGE Anjani