Khamtarai, Tahsil And District Raipur, Chhattisgarh v. State of Chhattisgarh Through Police Station Khamtarai, District
Case Details
1 2025:CGHC:6611 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 566 of 2025 Uttam Das Manikpuri S/o Sukhi Das Manikpuri Aged About 29 Years R/o Ward No. 9, Birgaon Bhanpuri, P.S. Khamtarai, Tahsil And District Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station Khamtarai, District – Raipur, Chhattisgarh. ---- Non-applicant For Applicant For Non-applicant/State : :
Legal Reasoning
Mr. Pritam Kumar Tiwari, Advocate. Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice RAJSHEKHAR SONI 05.02.2025 Order on Board Digitally signed by RAJSHEKHAR SONI 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 799/2024, registered at Police Station – Khamtarai, District – Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 119, 118(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), and Sections 25 and 27 of the Arms Act. 2. The case of the prosecution, is that on 14.10.2024 the complainant namely Santosh Sagarvanshi was at a Bhandara at about 5:00 PM, the Applicant along with other co-accused persons namely Rahul Nirmalkar and Nanchun Rajput came and started abusing the complainant and other persons asking for Rs.500 for consuming liquor from the complainant and when the complainant refused to give the money the 2 applicant along with other co-accused started beating with hands and fist and the co-accused namely Rahul Nirmalkar stabbed the complainant with a knife. Hence, this Bail Application 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are 7 criminal antecedents registered against the present applicant out of
Decision
which 2 are disposed of and the family members of the applicant are not aware about the rest cases. It is further submitted that the charge-sheet has been filed in this case. It is further submitted that no such recovery of sharp article has been made from the possession of the applicant, further the general roll of assaulting the injured has been assigned to applicant and the co-accused persons, and during the course of the investigation it has come into light that it was the co-accused, Rahul Nirmalkar, who had assaulted the injured with knife and the injuries were found to be simple in nature. The applicant is in jail since 14.10.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are 7 criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that on 14.10.2024 the complainant namely Santosh Sagarvanshi was at a Bhandara at about 5:00 PM, the Applicant along with other co-accused persons namely Rahul Nirmalkar and Nanchun Rajput came and started abusing the complainant and other persons asking for Rs.500 for consuming liquor from the complainant and when the complainant refused to give the money the applicant along with other co-accused started beating with hands and fist 5. 6. 3 and the co-accused namely Rahul Nirmalkar stabbed the complainant with a knife, therefore, he is not entitled for grant of bail. I have heard learned counsel for the parties and perused all of the documents available on record. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there are 7 criminal antecedents registered against the present applicant out of which 2 are disposed of and the family members of the applicant are not aware about the rest cases, charge-sheet has been filed against the applicant, further the fact that no such recovery of sharp article has been made from the possession of the applicant, further the general roll of assaulting the injured has been assigned to applicant and the co- accused persons, and during the course of the investigation it has come into light that it was the co-accused, Rahul Nirmalkar, who had assaulted the injured with knife and the injuries were found to be simple in nature, the applicant is in jail since 14.10.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Uttam Das Manikpuri, involved in Crime No. 799/2024, registered at Police Station – Khamtarai, District – Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 119, 118(1) and 3(5) of the BNS and Sections 25 and 27 of the Arms Act, be released on bail on his 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 4 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 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Rajshekhar Sd/- (Ramesh Sinha) Chief Justice