Aayush Das Mahant S/o Kailash Das Mahant Aged About 20 Years R/o Nearby Ganesh v. State Of Chhattisgarh Through The Station House OfÏcer, Police Of Police Station Urga, District
Case Details
1 2025:CGHC:3117 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN MCRC No. 497 of 2025 Aayush Das Mahant S/o Kailash Das Mahant Aged About 20 Years R/o Nearby Ganesh Pandal, Patharripara, Police Station Civil Lines, Rampur, Korba, Tahsil And District Korba Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Station House OfÏcer, Police Of Police Station Urga, District Korba Chhattisgarh ... Non-Applicant For Applicant
Legal Reasoning
: Mr. Anil Kumar Gulati, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/01/2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 431/2024 registered at Police Station- Urga, District – Korba (C.G.), for the offence punishable under Sections 309(6) and 309(3) read with Section 3(5) of B.N.S. 2. Case of the prosecution, in brief, is that the complainant Pushpendra Kumar Choukse has lodged a written report before the 2 concerned police station against the accused persons with the averment that in the intervening night of 21-10-2024, there are four persons were present and while raising their hands, they stopped the complainant and thereafter those four persons assaulted him with hand and fist and snatched a sum of Rs.300/- and looted the clothes and absconded from there. On the basis of said complaint lodged by the complainant, the police investigated the matter and during the course of investigation, the memorandum statement of applicant and other co-accused persons were recorded and accordingly the seizure was made and subsequently the applicant and other co-accused persons have been arrested for the commission of alleged offences. 3. Learned counsel for the applicant submits that the present applicant is innocent person and he has been falsely been implicated in the present case. He further argued that the applicant not acted in the manner as it is alleged by the prosecution. Further, it is pertinent to mention here at this juncture, initially the applicant has been arrested on 22-10-2024 in respect of Crime No.633/2024 registered at police Station Civil Line Raipur and on the basis of memorandum statement, which was given by the applicant one more case has been registered against the applicant and so far the seizure is concerned, the seizure was made in respect of Crime No.633/2024, on which the applicant has been granted bail by the learned trial Court. So far the present case is concerned, the seizure which was made in respect of crime No.633/2024 is the part of charge sheet of Crime No.431/2024, in which the applicant has been arrested. He 3 further submits that the entire case is based upon the memorandum statement of applicant and the seizure which was alleged to be made from the applicant and no identification parade was conducted by the prosecution, hence the prosecution failed to prove the prima-facie involvement of the applicant and the applicant is in jail since, 23.10.2024, in the present case, charge-sheet has been filed before the competent Court moreover, two cases have been registered against him out of which in one case, the applicant has granted bail by the learned trial Court and the conclusion of the trial is likely to take quite long time therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant opposes the bail application and submits that two cases have been registered against the applicant for the similar offence out of which in one case the applicant has granted bail by the learned trial Court and in the present case, charge-sheet has been filed before the competent Court moreover, the applicant along with co-accused persons have assaulted the complainant by hand and fists and snatched Rs. 300/- and looted the cloths and thereafter, they absconded from there. Hence, 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 allegation levelled against the applicant and the fact that there are two cases have been registered against the applicant for the similar offence out of which in one case, the 4 applicant has been granted bail by the learned trial Court and in the present case, charge-sheet has been filed before the competent Court and the applicant is in jail since 23.10.2024, further, the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant- Aayush Das Mahant, involved in Crime No. 431/2024 registered at Police Station- Urga, District – Korba (C.G.), for the offence punishable under Sections 309(6) and 309(3) read with Section 3(5) of B.N.S., 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 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 his 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 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 BNS. (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 for necessary information and compliance forthwith. - Kunal Sd/- (Ramesh Sinha) Chief Justice