Singhrouli, Madhya Pradesh v. State Of Chhattisgarh Through- P.S. Seepat, District-Bilaspur, C.G., District : Bilaspur, Chhattisgarh --- Non
Case Details
KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 1 2025:CGHC:6582 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8939 of 2024 Vijay Kumar Basod S/o Shiv Kumar Basod Aged About 25 Years R/o Lamid, P.S. Sarai, District-Singrauli, M.P., District : Singhrouli, Madhya Pradesh --- Applicant versus State Of Chhattisgarh Through- P.S. Seepat, District-Bilaspur, C.G., District : Bilaspur, Chhattisgarh --- Non-applicant For Applicant
Legal Reasoning
the co-accused of this case has been granted bail by this Court in MCRC No.8573/2024 vide its order dated 09-12-2024 and the complainant has not stated the names of accused person in earlier and there is no evidence against the applicant to hold guilt home beyond reasonable doubt and the applicants are in jail since 23.11.2024 and the conclusion of the trial is likely to take some time therefore, they prays for grant of bail to the applicant. 5. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application of the present applicants and submits that the charge-sheet has been filed in the present case before the competent Court and also endorse the said 4 submission advanced by the learned counsel for the applicants and further submits the fact that the applicant namely Vijay Kumar Basod has one criminal antecedent for the similar offence of the year 2024 which has been explained in his bail application and there is no seizure made from them. Accordingly, they are not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 23.11.2024 and the fact that in the present case, charge- sheet has been filed before the competent Court and there was no seizure made from them and the applicant namely Vijay Kumar Basod has one criminal antecedent for similar offence which has been explained in the bail application and the applicant namely Amit Singh Thakur has no previous criminal antecedent and the trial is likely to take some time for its conclusion, therefore, without further commenting anything on merits, I am inclined to grant bail to the applicants. 8. Let the Applicants- Vijay Kumar Basod and Amit Singh Thakur involved in Crime No.336/2024, registered at Police Station Seepat, District: Bilaspur (C.G.) for the offence punishable under Section 305(A), 331(4), 317, 3(5) of BNS, be released on bail on their furnishing a personal bond with two local sureties (each) in the like sum to the satisfaction of the Court concerned with the following conditions:- 5 (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (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. If in the opinion of the trial court absence of the applicants are deliberated or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 6 9. However, this Court hopes and trust that the trial Court would make an earnest endeavour to conclude the trial as expeditiously as possible preferably within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Kunal
Arguments
: Mr. Ritesh Verma Advocate, For Non-applicant/State : Mr. S.S. Baghel, Dy. Govt. Advocate. MCRC No. 153 of 2025 Amit Singh Thakur S/o Shivraj Singh Aged About 37 Years R/o Village Ganiyari, Police Station Kotwali (Wrongly Mentioned As Kotwajali), Baidhan, District Singrouli (M.P.) ---Applicant Versus State Of Chhattisgarh Through The Station House OfÏcer, Police Of Police Station Sipat, District Bilaspur (C.G.) ---- Non-applicant For Applicant : Mr. Anil Kumar Gulati, Advocate, For Non-applicant/State : Mr. S.S. Baghel, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/02/2025 2 1. Since the above two bail applications are arising out of same crime number so they are being heard and decided by this common order. 2. The applicants have preferred this First Bail Application under Section 483 of BNSS for grant of regular bail, as they have been arrested in connection with Crime No.336/2024, registered at Police Station Seepat, District: Bilaspur (C.G.) for the offence punishable under Section 305(A), 331(4), 317, 3(5) of BNS. 3. Case of the prosecution, in brief, is that, the complainant (Damodar Jewelers) was lodged the complaint before the Police Station Seepat against the unknown persons stating therein that the incident took place in between 16.7.2024 at night about 2:30 PM. The complainant is running a jewelry shop situated at Seepat where theft of ornaments namely, Anklet-100 pieces, Laccha-5 pairs, Girdle (Kardhan)- 25 pieces, Nettle(Bichiya)-500pairs, Finger ring-300 pieces, Bangles (Children)-70 pairs, Chain-50 pieces, Coins- 10 & 5 Gms- 15 pieces, Locket- 200 pieces, Bracelet- 20 Pieces, Bangles- 15 pieces, Nosepin- 100 pieces, Old Jwellery-1.5 tola, Locket-5 pieces, Statue of deity, Flute and other ornaments made of gold and silver and cash of Rs. 50,000/- whose total amount of Rs. 34,50,000/-, have stolen. During the course of investigation, the jewelry was seized from One 'Manish Kumar Soni' who molded the silver ornaments into Bars and gold items into Balls. Subsequently, the accused persons arrested for the 3 commission of alleged offences. 4. Learned counsel for the applicants submits that the applicants are innocent and have falsely been implicated in this case. They further submits that the applicant namely Vijay Kumar Basod is aged only 25 years of young boys. No offence is made out against the applicant Vijay Kumar Basod punishable under section 305 (A), 331(4), 317, 3 (5) of B.N.S and the applicant namely Vijay Kumar Basod has one criminal antecedent for the similar offence of the year 2024 and so far as the applicant namely Amit Singh Thakur is concerned, the only allegation against him that the applicant who was working as agent came from his car and certain golden and silver ornament were transported from his vehicle and in lieu of that a sum of Rs.2 lakhs has been paid, so even if the entire case is accepted as it is, there is no prima-facie involvement of applicants for the commission of alleged offences. They further submits that