Nafr High Court
Case Details
1 2025:CGHC:5342 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 277 of 2025 Shahjor Husain (Wrongly Mentioned As Shaahjor In The Order Sheet) S/o Ayub Husain (Wrongly Mentioned As Hussain In The Ordersheet) Aged About 34 Years R/o Nehru Ward, Irani Mohalla, Police Station- Ambikapur, District- Sarguja Chhattisgarh. versus ... Applicant State of Chhattisgarh Through Station House OfÏcer, Police Station- Civil Line Rampur, District- Korba Chhattisgarh. ... Non-applicant For Applicant
Legal Reasoning
: Mr. Dharmesh Shrivastava, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice 29.01.2025 Order on Board 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 588/2024 registered at Police Station Civil Line Rampur, District- Korba, (C.G.) for the offence punishable under Section 309(4) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). 2. Case of the prosecution, in a nutshell, is that on 30.09.2024, the complainant, Rohit Kumar Rathiya, lodged a report at Police Station RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.31 11:13:39 +0530 2 Civil Line, Rampur, Korba, alleging that he had withdrawn a sum of Rs. 30,000/- from Punjab National Bank, T.P. Nagar, Korba, and was on his way home to Champa by motorcycle with his cousin, Preetam. At around 2:00 PM, near Jhagarha Primary School, an individual on a Pulsar motorcycle approached him and snatched the bag from his hand, which contained the Rs. 30,000/-. Based on the complainant’s report, the police registered an offence under Section 309(4) of the Bharatiya Nyay Sanhita, 2023, bearing Crime No. 588/2024, against an unknown person and initiated an investigation. During the investigation, the present applicant was taken into custody and, upon inquiry, admitted to committing the offense. In his memorandum statement, he disclosed that Rs. 22,500/- had been deposited into his wife’s account, while only Rs. 3,800/- remained with him, as the rest had been spent. The police subsequently arrested the applicant, seized relevant articles, recorded witness statements, and, upon completion of the investigation, filed a charge sheet before the learned Judicial Magistrate First Class, Korba, District Korba (C.G.), where Criminal Case No. 4161/2024 is pending trial. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that as per the challan filed by the police, it is clear that looted article has not been seized from the possession of the present applicant but he has been falsely implicated by the police, whereas it has been mentioned that the amount of Rs. 22,500/- has been deposited by the present applicant 3 in account of his wife, though such amount is not a looted property. He also submits that the applicant is in jail since 03.10.2024, the applicant has 05 criminal antecedents, out of which, he has been acquitted in 04 cases, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that when the complainant had withdrawn a sum of Rs. 30,000/- from Punjab National Bank, T.P. Nagar, Korba, and was on his way home to Champa by motorcycle with his cousin, the present applicant on a Pulsar motorcycle approached him and snatched the bag from his hand, which contained the Rs. 30,000/-. She also submits that the present applicant has 05 criminal antecedents, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, the fact that though the complainant had withdrawn a sum of Rs. 30,000/- from Punjab National Bank, T.P. Nagar, Korba, and was on his way home to Champa by motorcycle with his cousin, the present applicant on a Pulsar motorcycle approached him and snatched the bag from his hand, which contained the Rs. 30,000/-, and also the present applicant has 05 criminal antecedents, but out of 05 cases, he has already 4 been acquitted in 04 cases, and the charge-sheet has been submitted before the competent Court and the applicant is in jail since 03.10.2024, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Let the Applicant- Shahjor Husain, involved in Crime No. 588/2024 registered at Police Station Civil Line Rampur, District- Korba, (C.G.) for the offence punishable under Section 309(4) of Bharatiya Nyaya Sanhita, 2023, be released on bail on their furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he 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 applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued 5 and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant 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 applicant is deliberate 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 him in accordance with law. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Rahul Dewangan Sd/- (Ramesh Sinha) Chief Justice