Nafr High Court
Case Details
1 2025:CGHC:5807 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 37 of 2025 Sunita Bai W/o Bhadu Sahu Aged About 47 Years R/o Village Loharidih, Police Station And Tehsil Rengakharkala, District - Kabirdham (C.G.) Versus ---Applicant State Of Chhattisgarh Through - Station House Officer, Police Station - Rengakhar, District - Kabirdham (C.G.) --- Respondent WITH MCRC No. 226 of 2025 Kesharibai W/o Laluram Sahu Aged About 24 Years Village - Loharidih, Police Station And Tehsil - Rengakharkala, District - Kabirdham (C.G.) ---Applicant Versus State Of Chhattisgarh Through- Station House Officer, Police Station - Rengakhar, District - Kabirdham (C.G.) --- Respondent WITH MCRC No. 491 of 2025 2 1 - Anita W/o Laxmichand Sahu Aged About 40 Years R/o Village Loharidih, Police Station And Tahsil Rengakharkala, District Kabirdham, Chhattisgarh. 2 - Mantora Bai W/o Barma Sahu Aged About 40 Years R/o Village Loharidih, Police Station And Tahsil Rengakharkala, District Kabirdham, Chhattisgarh. 3 - Chhanni Bai W/o Itwari Sahu Aged About 40 Years R/o Village Loharidih, Police Station And Tahsil Rengakharkala, District Kabirdham, Chhattisgarh. 4 - Rupoutin Bai W/o Anuj Sahu Aged About 36 Years R/o Village Loharidih, Police Station And Tahsil Rengakharkala, District Kabirdham, Chhattisgarh. 5 - Omprakash Sahu S/o Ramkumar Sahu Aged About 24 Years R/o Village Loharidih, Police Station And Tahsil Rengakharkala, District Kabirdham, Chhattisgarh. ---Applicant (s) Versus State Of Chhattisgarh Through Police Station Rengakhar, District Kabirdham, Chhattisgarh. --- Respondent WITH MCRC No. 542 of 2025 1 - Likhendra Sahu S/o Tulsi Ram Sahu Aged About 39 Years R/o Loharidih, Police Station And Tahsil - Rengakhar Kala District - Kabirdham Chhattisgarh 2 - Laxmibai Sahu W/o Likhendra Sahu Aged About 35 Years R/o Loharidih, Police Station And Tahsil - Rengakhar Kala District - Kabirdham Chhattisgarh ---Applicants Versus State Of Chhattisgarh Through Police Station - Rengakhar Distt - Kabirdham Chhattisgarh --- Respondent 3 WITH MCRC No. 543 of 2025 Fekan Bai W/o Fulchand Sahu Aged About 45 Years R/o Village Loharidih, Police Station And Tahsil-Rengakhar Kala, District- Kabirdham C.G. ---Applicant Versus State Of Chhattisgarh Through- Police Station- Rengakhar Distt.- Kabirdham (C.G.) --- Respondent WITH MCRC No. 592 of 2025 Ashwani Sahu @ Premika Sahu W/o Late Teklal Sahu Aged About 32 Years Resident Of Village Loharidih, Police Station and Tehsil Rengakharkala, District Kabirdham, Chhattisgarh ---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station Rengakhar, District Kabirdham, Chhattisgarh --- Respondent (Cause title is taken from the CIS) For Applicants
Legal Reasoning
: Mr. Dharmesh Srivastava, Mr. Hemant Kesharwani, Mr. Devesh Chandra Verma & Mr. Achyut Tiwari, Advocates for the respective applicants 4 For Respondent/State : Mr. Neeraj Sharma, Dy. A.G., Mr. G.L. Uike, PL & Ms. Prabha Sharma, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 31/01/2025 1. Since, all these bail applications are arising out of the same incident, therefore, they are being heard and decided together by this common order. 2. MCRC Nos.37/2025, 226/2025, 491/2025, 542/2025, 543/2025 & 592/2025 are the first bail applications filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicants who have been arrested on 16.09.2024 in connection with Crime No.64/2024, registered at Police Station- Rengakhar, District Kabirdham (C.G.) for the offence punishable under Sections 109, 191(2), 191(3), 189(5), 127(2), 331(7), 296, 351(3), 287, 324(6), 310(2), 115(2), 61(2)(a) & 332(b) of BNS, 2023. 3. Brief facts of this case are that the Complainant- Smt. Bhagwatiya Bai Sahu lodged the FIR alleging that one Shiv Prasad Sahu was found dead at the CG/MP Border and the entire village apprehended that the said person was killed by her husband- Raghunath Sahu, therefore, the entire villagers 5 attacked at the house of Raghunath Sahu and also set on fire the house, because of which her husband- Raghunath Sahu died. Though the names of the applicants were not mentioned in the FIR, but on the basis of memorandum statement of co- accused, applicants were arrested. 4. After completion of the entire investigation, charge-sheet was filed against accused persons. The present applicants have been arrested on 16/09/2024. 5. Learned counsel for the respective applicants submit that the applicants have not committed any offence they were falsely implicated by alleging as main accused in the present case. They further contended that on perusal of the evidence, it is clear that there is no direct role of the present applicants in crime in question. It is clear that the complainant is unable to disclose the role attributed by the present applicants in crime in question. They further contended that there is no previous antecedent against the applicants, charge-sheets have been filed, applicants are in jail since 16.09.2024 and trial is likely to take some time, therefore, it is prayed that the applicants may be released on bail. 6. Per contra, learned counsel appearing on behalf of the State opposes the bail applications submitted by the applicants. 6 7. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 8. Taking into consideration the facts and circumstances of the case and particular considering the involvement of the present applicants in this case, further considering the fact that the injuries received by the injured are simple in nature and there is no previous antecedent against the applicants, charge-sheets have been filed, the prosecution has not shown that the applicants are trying to tamper the witnesses, applicants are in jail since 16.09.2024 and conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in these cases. 9. Let the applicants involved in Crime No.64/2024, registered at Police Station- Rengakhar, District Kabirdham (C.G.) for the offences as mentioned above, be released on bail on his/her furnishing a personal bond of Rs.10,000-10,000/- with one surety (each applicant) in the like sum to the satisfaction of the Court concerned with the following conditions : (i) The applicants 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 7 to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through his/her counsel. In case of his absence, without sufficient cause, the trial court may proceed against him/her under Section 269 of BNS, 2023. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure his/her presence, proclamation under Section 84 of the BNSS, 2023 is issued and the applicants fail 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 BNS, 2023. (iv) The applicants 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, 2023. If in the opinion of the trial court absence of the applicants are 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 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) Judge VASANT KUMAR Digitally signed by VASANT KUMAR Vasant