RAFIK KHAN vs STATE OF CHHATTISGARH
- Court
- Chhattisgarh High Court
- Case type
- MISC. CRIMINAL CASE
- Decided on
- 16-03-2026
1
2026:CGHC:12470
2026:CGHC:12470
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2454 of 2026
Rafik Khan S/o Late Safi @ Safik Khan Aged About 31 Years R/o
Sirmina, P.S. Pasan, District Korba Chhattisgarh
... Applicant(s)
versus
State Of Chhattisgarh Through S.H.O. P.S. Gandhi Nagar, District -
Surguja Chhattisgarh
... Respondent(s)
For Applicant(s) : Mr. Pushkar Sinha, Advocate.
For Respondent(s) : Mr. Sourabh Sahu, P.L.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
16/03/2026
This is the first bail application filed under Section 483 of the
1.
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for
grant of regular bail to the applicant who has been arrested in
connection with Crime No. 440/2025 registered at Police Station
Gandhi Nagar, District - Surguja (C.G.) for the offence punishable
2
2026:CGHC:12470
under Sections 331(4), 305(A), 112, 117(2), 3(5) of BNS.
Case of the prosecution, in brief, is that the present applicant,
2.
along with other co-accused persons, in an organized manner
committed theft of 18 quintals of rice and 8 quintals of gram from
the Government Fair Price Shop situated at Gram Panchayat
Koldiha. On the basis of the report lodged in this regard, an F.I.R.
was registered for the offences punishable under Sections 305(A)
and 331(4) of the Bharatiya Nyaya Sanhita (BNS) against
unknown persons. During the course of investigation, the present
applicant came to be implicated and was subsequently arrested
for the aforesaid offences. Hence, the bail application.
3. Learned counsel for the applicant submits that the applicant has
not committed any offence and he has been falsely implicated in
offence in question. He further submits that the similarly situated
co-accused persons, namely, Krishna Dhimar and Indrapal Sahu
have already been granted bail by this Court vide orders dated
23.01.2026 and 04.02.2026 in MCRC Nos. 817 of 2026 and 1186
of 2026. The applicant is in jail since 25.10.2025, the applicant
has five criminal antecedents of the year 2025 under the BNS,
which are pending, further the charge-sheet has been filed and
the trial is likely to take some time for its conclusion. Therefore, he
prays for grant of bail to the applicant.
4. On the other hand, learned State Counsel opposes the bail
application and submits that the charge-sheet has been filed in
3
2026:CGHC:12470
the present case. He further submits that allegedly the applicant in
collusion with other co-accused persons, in an organized manner
committed theft of 18 quintals of rice and 8 quintals of gram from
the Government Fair Price Shop situated at Gram Panchayat
Koldiha, thereby causing loss to the Government. It is further
alleged that during the course of investigation, the present
applicant was found involved in the said incident and accordingly
he has been implicated and arrested in the alleged offence.
Furthermore, the applicant has five criminal antecedents under
the BNS, therefore, the applicant is not entitled for grant of bail.
5. I have heard learned counsel appearing for the parties and
perused the case diary.
Taking into consideration the facts and circumstances of the case,
6.
nature and gravity of offence, period of detention of the applicant
since 25.10.2025, the fact that though allegedly the applicant in
collusion with other co-accused persons committed theft of 18
quintals of rice and 8 quintals of gram from the Government Fair
Price Shop of Gram Panchayat Koldiha, and during investigation
he was found involved and arrested in the alleged offence, but
considering the fact that similarly situated co-accused persons,
namely, Krishna Dhimar and Indrapal Sahu have already been
granted bail by this Court vide orders dated 23.01.2026 and
04.02.2026 in MCRC Nos. 817 of 2026 and 1186 of 2026 also
considering the criminal antecedents of the applicant and the fact
4
2026:CGHC:12470
that the charge-sheet has been filed, this Court is of the view that
the applicant is entitled to be released on bail in this case.
Accordingly, the application is allowed.
Let the Applicant- Rafik Khan, involved in Crime No. 440/2025
7.
registered at Police Station Gandhi Nagar, District - Surguja
(C.G.) for the offence punishable under Sections 331(4), 305(A),
112, 117(2), 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 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,
5
2026:CGHC:12470
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.
Office is directed to send a certified copy of this order to the trial
8.
Court for necessary information and compliance.
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
Akhil