DURGESH KUMAR IMALIYA @ YASH vs STATE OF CHHATTISGARH

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CGHC010336052026 2026:CGHC:38632
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No.8070 of 2026
Durgesh Kumar Imaliya @ Yash S/o Ravindralal Aged About 24
Years R/o Saheli Gali, Near Shiv Mandir, Kedarpur, Ambikapur,
Police Station And Tehsil - Ambikapur District - Surguja (C.G.)
... Applicant
versus
State Of Chhattisgarh Through Police Station - Darima, Ambikapur,
District - Surguja (C.G.) ... Non-applicant
_____________________________________________________
For Applicant :Mr. Bhupendra Singh, Advocate.
For Non-applicant/State :Ms. Ritika Verma, PL.
Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
01.09.2026
st
1. The Applicant has preferred this 1 Bail Application under
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023
SISTLA
NEELIMA
VISHNU
PRIYA
for grant of regular bail, as he has been arrested in
Digitally signed by
SISTLA NEELIMA
VISHNU PRIYA
Date: 2026.09.01
15:43:55 +0530

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connection with Crime No.108/2026 registered at Police
Station – Darima, Ambikapur, District Surguja (C.G.), for the
offence under Section 309(3) of BNS.
2. The prosecution case, in brief, is that on 07.05.2026, after
completing the day's collection from sale of petrol and diesel,
the complainant was carrying Rs.61,670/- in his pocket and
was proceeding towards Ambikapur on his motorcycle. At
about 6:00 p.m., near Navgai Chowk, five persons riding two
motorcycles, with their faces covered with gamchas, allegedly
intercepted him, abused and assaulted him and one of them
allegedly pointed a pistol-like object at his temple. They
thereafter allegedly took away the cash of Rs.61,670/-, his
mobile phone, the petrol pump's account register, bag and
motorcycle and fled from the spot. During investigation, the
memorandum statement of the present Applicant was
recorded, wherein he allegedly disclosed that he, along with
his associates Raj Mishra, Sachin, Shakti, Akash Jhariya,
Nishant Kumar Nageshia and Rudra Pathak, had planned the
robbery of the petrol pump manager at Ambikapur. It was
further disclosed that on 07.05.2026 at about 4:30 p.m., they
proceeded towards Vedika Petrol Pump on motorcycles and a
scooter bearing registration No.CG15EH7025, with Rudra
Pathak allegedly stationed near the petrol pump while the

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other associates positioned themselves behind the petrol
pump. Accordingly, the offence as mentioned above was
registered against the Applicant. Hence this application.
3. Learned Counsel for the Applicant submits that the Applicant
is innocent and has been falsely implicated in the present
case. It is submitted that the Applicant's name does not find
mention in the FIR and the assailants were described as
having their faces covered, thereby there being no
identification of the Applicant at the place of occurrence. It is
further submitted that no incriminating article, cash, weapon
or stolen vehicle has been recovered from the Applicant and
there is no direct attribution or credible material connecting
him with the alleged offence. He further submits that the
prosecution case is primarily based on the statements of
police officials and no independent witness has been
examined to corroborate the same. It is lastly submitted that
the investigation is complete and charge-sheet has been
filed, the Applicant is in custody since 11.05.2026 and the trial
is likely to take considerable time, therefore, he may be
released on bail.
4. On the other hand, learned State Counsel opposes the bail
application and submits that there are no previous criminal
antecedents against the present Applicant.

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5. I have heard learned counsel for the parties and perused the
case diary.
6. Considering the submissions advanced by learned Counsel
for the parties, the material available in the case diary,
particularly the fact that the Applicant's name does not find
mention in the FIR, the assailants were allegedly having their
faces covered, no incriminating article, cash, weapon or
stolen vehicle has been recovered from the Applicant, there
are no criminal antecedents against him, the Applicant is in
custody since 11.05.2026 and the trial is likely to take
considerable time, without further commenting anything on
the merits of the case, this Court is of the considered opinion
that it is a fit case to allow the application. Accordingly, the
bail application is allowed.
7. Let Applicant- Durgesh Kumar Imaliya @ Yash involved in
Crime No. 108/2026 registered at Police Station – Darima,
Ambikapur, District Surguja (C.G.), for the offence under
Section 309(3) of BNS 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/she shall not seek any
adjournment on the dates fixed for

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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/her
counsel. In case of his/her absence,
without sufficient cause, the trial court may
proceed against him/her 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/her 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/her, 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/her
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
Priya