Chowk, Kahra Mohalla, Korba, Tashil And District Korba (C.G.) v. State of Chhattisgarh Through The Station House Of
Case Details
1 2025:CGHC:13127 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 748 of 2025 Karan Yadav S/o Dinesh Yadav Aged About 20 Years R/o Ratakhar, Durga Chowk, Kahra Mohalla, Korba, Tashil And District Korba (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Kotwali, Korba, Distt Korba (C.G.) ... Non-Applicant For Applicant
Legal Reasoning
: Ms. Priyanka Rai, Advocate. For Non-Applicant/State : Ms. Subha Shrivastava, Panel Lawyer. PREETI KUMARI Digitally signed by PREETI KUMARI Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 19/03/2025 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. 16/2025, registered at Police Station – Kotwali, Korba, District- Korba (C.G.) for the offence punishable under Sections 191(2), 191(3), 190, 296, 351(2), 351(3), 115(2), 126(2), 324 of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of Prevention of Damage to Public Property Act, 1984. 2 The case of the prosecution, in brief, is that the complainant one 2 Umesh Kumar Rathore working as Driver in Fire Brigade Department under Hasdeo Thermal Electric Project, Darri Korba lodged a complaint to the effect that on 01.01.2025 at around 6:20PM, he received an information that near Ratakhar, Bypass Road two vehicles have been set on fire by the local crowd. He along with fireman one Lokesh and other staff to Ratakhar near Darri Road Bridge and saw vehicle were already set on fire and was burning. While trying to extinguish the fire, around 10-12 peoples along with stones and sticks approached near Fire Brigade Vehicle and damaged the vehicle and abused the complainant and his staff, as a consequence complainant received injury on his shoulder and chest. On such compliant made by complainant an FIR was registered by P.S. Kotwali, Korba under Crime No. 16/2025 against 10-15 unknown persons. While investigation, based upon statement of witness present applicant was arrested on 04.01.2025. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the applicant has been falsely robed in the alleged crime whereas he was not at all involved in the alleged offence. He also submitted that after three days of alleged incident present applicant has been arrested by the Police personnel solely on the basis of his presence at the place of the incident. He further submits that the applicant has no previous criminal antecedent, charge-sheet has not been filed and the applicant is in jail since 04.01.2025 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 opposed the bail 5 6 3 application and submitted that the charge-sheet has not been filed in the present case. She further submits that there are other accused also who are not yet been arrested and they have been arrested after being identified through C.C.T.V camera. I have heard learned counsel for the parties and perused 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 the applicant has been falsely robed in the alleged crime whereas he was not at all involved in the alleged offence and after three days of alleged incident, present applicant has been arrested by the Police personnel solely on the basis of his presence at the place of the incident, further it is a case of mob fury, and the applicant has no previous criminal antecedents, the charge-sheet has not been filed and he is in jail since 04.01.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. Let the applicant - Karan Yadav, involved in Crime No. 16/2025, registered at Police Station – Kotwali, Korba, District- Korba (C.G.) for the offence punishable under Sections 191(2), 191(3), 190, 296, 351(2), 351(3), 115(2), 126(2), 324 of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of Prevention of Damage to Public Property Act, 1984, 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 4 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 sufficient cause, the trial court may proceed against his 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 his, 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 sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against his in accordance with law. 5 8 Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti