MOHAMMAD ARASLAN vs STATE OF CHHATTISGARH

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CGHC010339842026 2026:CGHC:38878
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No.8192 of 2026
Mohammad Araslan S/o. Mohammad Zabbir Khan, Aged About 19
Years R/o. - Sarthinagar, Patthalgaon, Police Station - Patthalgaon,
And District - Jashpur (C.G.) ... Applicant
versus
State Of Chhattisgarh Through S.H.O. Of The Police Station -
Dharamjaigarh, Tahsil And District - Raigarh (C.G.)
... Non-applicant
_____________________________________________________
For Applicant :Mr. Abhishek Saraf, Advocate.
For Non-applicant/State :Ms. Sameeksha Gupta, PL.
Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
02.09.2026
st
1. The Applicant has preferred this 1 Bail Application under
SISTLA
NEELIMA
VISHNU
PRIYA
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023
for grant of regular bail, as he has been arrested in
Digitally signed by
SISTLA NEELIMA
VISHNU PRIYA
Date: 2026.09.02
17:36:26 +0530

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connection with Crime No.63/2026 registered at Police
Station – Dharamjaigarh, Tahsil and District Raigarh (C.G.),
for the offences under Sections 331(4), 305(e) and 3(5) of
BNS.
2.
As per the prosecution story, on 16.03.2026 at about 7:27
p.m., Pranav Thawait, Branch Manager of Chhattisgarh
Gramin Bank, Khamhar Branch, lodged a written complaint at
Police Station Dharamjaigarh stating that on 15.03.2026 at
about 6:00 a.m., he was informed by the branch messenger
that unknown person(s) had committed theft in the bank
branch. Upon inspection, it was found that unknown
person(s) had broken open the shutter and grill locks of the
branch and entered the premises, from where
MODEM/ROUTER, CISCO SWITCH, three CCTV DVR
channels, two gate locks, shutter gate lock, shutter chain and
branch seal, collectively valued at approximately Rs.65,000/-,
were stolen. It was further found that the FRFC cabin cash,
vault channel gate, shutter gate alarm system, panic switch,
magnetic sensor, Branch Manager's table, cash counter
table, three almirahs and three multipurpose tables had been
damaged. Accordingly, the offences as mentioned above
were registered against the Applicant. Hence this application.
3. Learned Counsel for the Applicant submits that the Applicant

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is innocent and has been falsely implicated in the present
case. He submits that pursuant to the memorandum of the
Applicant, five old locks and an iron chain have been seized,
which are ordinary articles and not identifiable as belonging to
the bank. It is further submitted that in Crime No.52/2026
registered at Police Station Gharghoda, District Raigarh,
arising out of the same memorandum, the Applicant has
already been granted regular bail by this Court vide order
dated 29.07.2026 passed in M.Cr.C. No.5586/2026. He
further submits that there is no direct evidence connecting the
Applicant with the alleged offence and the seized articles
cannot be exclusively attributed to him. He also submits that
the Applicant is in custody since 29.03.2026, the charge-
sheet has been filed, the case is triable by the Court of
Judicial Magistrate First Class 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 four broken locks and one iron
chain, allegedly used in connection with the commission of
the offence, have been seized at the instance of the
Applicant.
5. I have heard learned counsel for the parties and perused the
case diary.

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6. Considering the submissions advanced by learned Counsel
for the parties, the material available in the case diary, the
nature of allegations, the fact that the Applicant is in custody
since 29.03.2026, the case is triable by the Court of Judicial
Magistrate First Class, the Applicant has already been
granted bail in another crime arising out of the same
memorandum, i.e. Crime No.52/2026 registered at Police
Station Gharghoda, District Raigarh, vide order dated
29.07.2026 passed by this Court in M.Cr.C. No.5586/2026,
the trial is likely to take considerable time and without further
commenting anything upon 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- Mohammad Araslan involved in Crime
No.63/2026 registered at Police Station – Dharamjaigarh,
Tahsil and District Raigarh (C.G.), for the offences under
Sections 331(4), 305(e) and 3(5) 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
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

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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