Ramanujganj (C.G.) v. State of Chhattisgarh Through The Station House Of
Case Details
1 2025:CGHC:7548 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 453 of 2025 Neelu Toppo S/o Rama Toppo Aged About 25 Years R/o Village Harratoli, Belsar, Police Station Shankargarh, District - Balrampur- Ramanujganj (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Shankargarh, District - Balrampur- Ramanujganj (C.G.) ... Non-Applicant PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.02.13 11:03:30 +0530 For Applicant
Legal Reasoning
: Mr. Punit Ruparel, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 12.02.2025 1. This is the Second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 185/2024 registered at Police Station - Shankargarh, District - Balrampur- Ramanujganj (C.G.), for the offence punishable under Sections 109, 3(5) and 103(1) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that on 08.11.2024, the complainant, Anita @ Kishunti Nagesiya, made an oral complaint at the Police 2 Station Shankargarh. She stated that her marriage to Sagar Nagesiya was performed at village Pandripani, but he had left her four years prior. For the past two years, she had been in a romantic relationship with Jitendra Khujur, a resident of Harratoli, and would often visit him there. Occasionally, Jitendra would visit her at Village Bharatpur Bhandatola. However, Malua Nagesiya, Sagar's father, had warned Anita not to meet with Jitendra, leading to a quarrel between them on 07.11.2024, at around 9 pm. During the altercation, Malua and his wife, Dashmeth Nagesiya, were having dinner when Jitendra and the applicant entered the house and assaulted Malua with an axe. Jitendra and the applicant then fled the scene in a pickup truck bearing registration number JH-03-AL-4362, which belonged to the applicant. Notably, Anita, the eyewitness and complainant, stated in her testimony that Jitendra was the primary accused who had assaulted Malua with an axe and fled. Her statement did not mention the applicant or any other co-accused. This suggests that the applicant remained behind the house in the pickup truck and fled, implying no direct involvement in the assault. Based on these allegations, an FIR was registered, and a charge sheet was filed after investigation. During the investigation, the victim, Malua Nagesiya, passed away. The applicant has now filed a second bail application before the Hon'ble Court, after being granted liberty by the court, following the rejection of their previous bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He further submits that the though the first bail application was dismissed as withdrawn by this Court vide order 03.01.2025 passed in 3 MCRC No. 8823/2024 with liberty to the applicant to move an appropriate application before the Court concerned for the subsequent offence under Section 103(1) of B.N.S including the other offences. He further submits that as per the prosecution case, the applicant played no role in the injuries sustained to the deceased and it was Jitendra Khujur who has assaulted the deceased by axe. It is further submitted that so far as the role of the applicant is concerned as per the statement of the complainant recorded under Section 164 of Cr.P.C., the applicant was stayed outside the house in Pick-up Van bearing registration No. JH-03-AL-4362 which is belonging to the applicant and they run away on the spot. It is further submitted that the charge-sheet has been filed and the applicant is in jail since 08.11.2024 and the applicant has no previous criminal antecedents. Therefore, he prays that the applicant be enlarged on bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed. Hence, he is not 5. 6. entitled to be released on bail. I have heard learned counsel for the parties and perused the case diary. Considering the facts and circumstance of the case, nature and gravity of allegation made against the applicant and the fact that the applicant played no role in the injuries sustained to the deceased and it was Jitendra Khujur who has assaulted the deceased by axe, so far as the role of the applicant is concerned as per the statement of the complainant recorded under Section 164 of Cr.P.C., the applicant was stayed outside the house in Pick-up Van bearing registration No. JH- 03-AL-4362 which is belonging to the applicant and they run away on 4 the spot, further the charge-sheet has been filed and the applicant is in jail since 08.11.2024 and the applicant has no previous criminal antecedents, further the case of the applicant is distinguished from the co-accused person, this Court is of the view that the applicant is entitled to be released on bail. 7. Accordingly, the Second bail application is allowed. Let the applicant - Neelu Toppo, involved in Crime No. 185/2024 registered at Police Station - Shankargarh, District - Balrampur- Ramanujganj (C.G.), for the offence punishable under Sections 109, 3(5) and 103(1) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 their counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of BNS. (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 BNS. 5 (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 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 in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- Sd/- Sd/- (Ramesh Sinha) Chief Justice Preeti