ADARSH TOPPO vs STATE OF CHHATTISGARH

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CGHC010403372026
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 9793 of 2026
Adarsh Toppo S/o Late Jaipal Toppo Aged About 20 Years R/o Bichpara,
Phundurdihari P.S. Gandhinagar, Distt- Surguja (C.G.)
... Applicant(s)
versus
State Of Chhattisgarh Through The Station House Officer, Police
Station Gandhinagar, Distt- Surguja (C.G.)

.. Non-Applicant(s)
For Applicant : Mr. Poshan Kumar Sahu, Advocate.
For Non-Applicant/State : Mr. Dharmesh Shrivastava, Dy. Adv. Gen.
Hon'ble Mr. Rakesh Mohan Pandey, Judge
Order on Board
04/11/2026
This is the first bail application filed by the applicant under Section
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483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of
regular bail, as he has been arrested in connection with Crime No.
187/2026, registered at Police Station Gandhinagar, District
Surguja (C.G.), for the offences punishable under Sections 309(6)
and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

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The case of the prosecution, in brief, is that on 05.04.2026, the
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complainant Ashok Toppo went to Gudihari Bazar on a scooty
belonging to its owner Abhishek Singh for purchasing vegetables.
After returning from the market, when he reached near Shivdhari
Pond, the accused persons, namely, Sahid Ansari and the present
applicant, called him and asked him to go to Braham Road for
some work. When the complainant refused to give them the
scooty, the accused persons, in furtherance of their common
intention, assaulted him with hands, fists, kicks and sticks and
forcibly snatched away the scooty and one Samsung mobile
phone from him and fled away from the spot. Thereafter, on the
basis of the complaint lodged by the complainant on 08.04.2026,
the police registered the alleged offences against the present
applicant and the co-accused.
3. Learned counsel for the applicant would submit that the applicant
is innocent and has been falsely implicated in the present case.
He would further submit that no article has been seized from the
exclusive possession of the present applicant and he has been
made an accused in the present case only on the basis of the
memorandum statement of the co-accused. He is in jail since
28.04.2026. It is further submitted that the charge-sheet has
already been filed before the competent Court and the applicant
has no criminal antecedents. He would also submit that the trial is
likely to take some time to conclude. Thus, he prays for grant of

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bail to the applicant.
On the other hand, learned State counsel would oppose the
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prayer for grant of bail and submit that the present applicant,
along with the co-accused, assaulted the complainant and forcibly
snatched away his scooty and Samsung mobile phone and thus,
the allegations against the applicant are serious in nature and the
present applicants have named in the FIR. Therefore, the bail
application deserves to be dismissed.
5. I have heard learned counsel for the parties and perused the case
diary and material available on record.
Having considered the facts and circumstances of the case,
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nature and gravity of offence alleged against the applicant and
further considering the fact that the applicant is in jail since
28.04.2026, he has no criminal antecedents, no stolen article has
been recovered from the possession of the applicant, the charge-
sheet has already been filed and the trial is likely to take some
time to conclude, thus, without further commenting upon the
merits of the case, I am inclined to grant bail to the applicant.
Accordingly, the bail application of the applicant is allowed . It is
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directed that in the event of the applicant executing a personal
bond for a sum of Rs.50,000/- with one surety in the like sum to
the satisfaction of the concerned trial Court, he shall be released
on bail on the following conditions:-

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(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.
- S/- Sd/-
(Rakesh Mohan Pandey)
Judge
Kunal