SHASHIKANT CHIKWA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the first bail application filed under Sec. 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who have been arrested in connection with Crime No. 253/2025 registered at Police Station - Gharghoda District - Raigarh (C.G.), for the offences punishable under Sec. 303(2), 112(2), 3(5) of the BNS.

(2.) The prosecution story in nutshell is that, on 22/9/2025 the complainant Kailash Kumar Paraste, who is the supervisor of Mahaveer Energy And Coal Benefication Ltd. Bhengari, filed a written report at P.S. Gharghoda with the averment that they had installed two batteries in the pump house for power backup which were stollen by unknown person on the intervening night of 14/9/2025 15/9/2025. Based on this report, FIR of crime No. 253/2025 was registered at P.S. Gharghoda against an unknown person and the applicants were arrested on the basis of doubt

(3.) Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that when the FIR was initially lodged against unknown persons, and the applicants were subsequently arrested upon false accusations despite having no involvement in the alleged offence. No stolen article has been recovered from applicant No. 02, and although batteries are alleged to have been seized from applicant No. 01, the applicants were first arrested in another case and thereafter implicated in the present case solely on suspicion. There is an unexplained delay of about six days in lodging the FIR, and immediately thereafter the applicants were implicated without any evidence, which is further supported by the police prativedan filed before the court below. The applicants are daily wage labourers and sole bread earners of their families, and their continued detention is causing severe financial hardship and affecting their mental well-being. The only allegation against them rests on suspicion, and the prosecution has failed to collect any cogent evidence to establish their involvement. They have been arrested merely on the basis of a memorandum statement, which is not an admissible piece of evidence. The applicants are young individuals and have been in jail since 23/9/2025, therefore, he prays for grant of regular bail to the present applicant.