Facts
The applicant, Ankit Sharma, was arrested on 22.07.2025 in connection with Crime No. 327/2025 at Police Station Gudhiyari, Raipur.
Source reference: para. 1, 3The prosecution alleged that after a complainant's mobile phone was stolen, ₹99,000 was withdrawn via PhonePe.
Source reference: para. 2Co-accused statements implicated the applicant for providing a "mule account" for the transfer of stolen funds.
Source reference: para. 2Following the applicant's memorandum statement, two mobile phones and ₹10,000 cash were seized.
Source reference: para. 2The applicant sought regular bail, noting that the charge-sheet had been filed and trial was pending.
Source reference: para. 3Issues
Whether the applicant is entitled to grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the period of detention and the status of the investigation.
Source reference: para. 1, 6Law Applied
The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court's power to grant bail.
Source reference: para. 1The case involved substantive offenses under the Bharatiya Nyaya Sanhita (BNS), specifically Sections 303(2) (theft), 317(2), 317(4), 317(5) (stolen property), 111 (organized crime), and 3(5) (common intention).
Source reference: para. 1The Court also considered the principle of parity, noting that co-accused individuals had already been granted bail under MCRC Nos. 10519/2025 and 10116/2025.
Source reference: para. 3, 6Reasoning
The Court evaluated the gravity of the allegations, which centered on the applicant providing a "mule account" for electronic fund transfers and the subsequent seizure of cash and mobile devices.
Source reference: para. 2, 4However, the Court balanced these allegations against several procedural factors: the applicant had been in custody since July 2025, the investigation was complete with the charge-sheet already filed, and the trial was expected to take a significant amount of time.
Source reference: para. 6Crucially, the Court noted that other co-accused persons had already been granted bail by the same High Court in February 2026.
Source reference: para. 6Under these circumstances, further pretrial detention was deemed unnecessary.
Source reference: para. 6Holding
The Court allowed the bail application and ordered the release of Ankit Sharma upon furnishing a personal bond with two local sureties.
The bail is subject to strict conditions, including a prohibition on seeking unnecessary adjournments, mandatory presence at trial dates, and compliance with Sections 269, 84, 209, and 351 of the BNS/BNSS to ensure the integrity of the judicial process.
Source reference: para. 7The Court held that given the filing of the charge-sheet and the grant of bail to co-accused, the applicant was entitled to liberty.
Source reference: para. 6Original Court PDF
Ankit Sharma v. State of Chhattisgarh [MCRC No. 2336 of 2026 (2026:CGHC:11959)]
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in