Korba (C.G.) v. State Of Chhattisgarh Through
Case Details
KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 1 2025:CGHC:5831 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 894 of 2025 Jaisingh Rajput S/o Hardeep Singh Aged About 21 Years R/o 15 Block, Dassehra Ground Pump House Korba Tahsil And District - Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through- The Station House OfÏcer, Police Of Police Station Urga, District- Korba (C.G.) ... Non-Applicant For Applicant
Legal Reasoning
bail by this Court in MCRC No.497/2025 vide order dated 17-01- 2025 and MCRC No.684/2025 vide order dated 24-01-2025 and the case of the present applicant is similar to the case of other co- accused persons, who have been granted by this Court. He further submits that initially the applicant has been arrested on 22-10-2024 in respect of Crime No.633/2024 registered at police Station Civil Line Rampur 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 and the applicant is in jail since 23.10.2024 and the conclusion of the trials is likely to take some time therefore, he prays for grant of bail to the applicant on the 3 ground of parity. 4. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits the fact the the applicant has three criminal antecedents, out of which two cases are under the IPC of the year 2022 and one case under the Istaghasa of the year 2024 and the recovery made from the applicant i.e. motorcycle, mobile and cash of Rs. 2000/- however the fact that the co-accused have been granted bail by this Court. Accordingly, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 23.10.2024 and the recovery made from the applicant and further the fact that the co-accused namely Aayush Das Mahant and Vishal @ Kaddu have already been granted bail by this Court being MCRC Nos. 497/2025 and 684/2025 vide its order dated 17.01.2025 and 24.01.2025 respectively and the case of the applicant is similar to that case of co-accused who have been granted bail and in the present case, charge-sheet has been filed before the competent Court further the applicant has three criminal antecedents out of which two cases are under the IPC of the year 2022 and one case is under the Istaghasa of the year 2024, thus, without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. Let the applicant – Jaisingh Rajput, involved in Crime No. 4 431/2024 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 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 5 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. dorthwith. S/- Sd/- (Ramesh Sinha) Chief Justice - Kunal
Arguments
: Mr. Anil Kumar Gulati, Advocate For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31/01/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik 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 FIR lodged by the complainant namely Pushpendra Kumar Choukse before the concerned police station alleging therein that, in the intervening 2 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 applicant not acted in the manner as it is alleged by the prosecution. He further submits that the co-accused persons of this case has been granted