Devarpara, Subhash Nagar, Telibandha, Raipur (C.G.) v. State Of Chhattisgarh Through
Case Details
1 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2025:CGHC:7503 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 975 of 2025 Dinesh @ Deewana S/o Dhuldhul Aged About 21 Years R/o Devarpara, Subhash Nagar, Telibandha, Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through- The Ps- Pandari, Raipur (C.G.) ... Non-applicant For Applicant(s)
Legal Reasoning
: Mr. N. Naha Roy, Advocate For Respondent(s) : Mr. Hariom Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice 12.02.2025 Order on Board 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.729/2024, registered at Police Station Pandari, District- Raipur, (C.G.) for the offence punishable under Sections 109, 133, 190(2), 191(3) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story in a nutshell is that on 17.11.2024 at around 6 PM, the complainant (Jyoti Bundela) was having tea at his neighbour namely: Surendra Verma's house along with Nitu 2 Sonwani, Arti Yadav, Raja Babu Gopal, Shubham and Ravi Bundela at that time, the accused persons namely: Manoj, Manish, Ganga, Deewana, Sandeep, Aman and various others, residents of Subhash Nagar, Devarpara came there with having pipes, rods and rocks and have assauted the complainants on account of which Arti Yadav, received grievous injury on his head and rest others have received simple injuries. The complainants and others were witnesses in a murder trial relating to the death of one Krish Verma and they were simply going to give their evidence. Subsequently, an FIR has been registered against the applicant along with other accused persons for alleged offence. 3. Learned counsel for the applicant submits that the allegation levelled against the accused persons are that the applicant along with other five accused persons are said to have assaulted the injured with brick bats, iron rod and other hard blunt object on account of which one of the injured namely Aarti has received grievous injury on his head but she has not received any internal damage on head and rest others have received simple injuries. He further submits that the applicant herein was not present at the place of incident at the relevant point of time and no weapon has been seized from the possession of the applicant and in the present case, charge-sheet has been filed before the competent Court and he is in jail since 24.11.2024 and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the 3 bail application and submits that the complainants are simply going to give their statement in a murder trial relating to the death of one Krish Verma. Thereafter, the applicant along with 05 other accused person came and have assaulted the complainants on account of which one of the injured namely Aarti, has received grievous injuries on his head. Accordingly, the present applicant is not entitled for grant of bail. 5. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the complainants are simply going to give their statement in a murder trial relating to the death of one Krish Verma, where the applicant along with 05 other accused person came there and have assaulted the complainants on account of which one of the injured namely Aarti, has received grievous injuries on his head but she has not received any internal damage and rest others have received simple injuries however, the accused persons are not involved in murder case and further no any weapon has been recovered from the possession of the applicant and in the present case, charge-sheet has been filed before the competent Court and he is in jail since 24.11.2024 and conclusion of the trial is likely to take some time hence, I am inclined to allow this bail application. 6. Let applicant, Dinesh @ Deewana, involved in Crime No.729/2024, registered at Police Station Pandari, District- Raipur, (C.G.) for the offence punishable under Sections 109, 133, 190(2), 191(3) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like sum 4 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 them 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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 5 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. 7. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice . . Kunal