Rohit @ Aliyan S/o Harishchandra Kanwar Aged About 19 Years R/o Near Khursipar Gate v. State Of Chhattisgarh Through The Sho, Police Station Khursipar, Durg
Case Details
1 2025:CGHC:7059 NAFR KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1115 of 2025 Rohit @ Aliyan S/o Harishchandra Kanwar Aged About 19 Years R/o Near Khursipar Gate, Police Station Khursipar, Bhilai, District Durg, (C.G.) --- Applicant versus State Of Chhattisgarh Through The Sho, Police Station Khursipar, Durg, (C.G.) --- Non-applicant For Applicant
Legal Reasoning
: Mr. Samdarsh Nirankari, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. MCRC No. 1116 of 2025 Mangal Singh S/o Gurunam Singh Aged About 18 Years R/o Indra Nagar, Camp-2, Bhilai, District- Durg (C.G.) ---Applicant Versus State Of Chhattisgarh Through The S.H.O., Police Station Khursipar, Durg (C.G.) --- Non-applicant For Applicant : Mr. Samdarsh Nirankari, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/02/2025 1. Since the above two bail applications are arising out of same crime 2 number so they are being heard and decided by this common order. 2. The applicants have preferred this First Bail Application under Section 483 of BNSS for grant of regular bail, as they have been arrested in connection with Crime No.170/2024, registered at Police Station Khursipar, District: Durg (C.G.) for the offence punishable under Sections 309(6), 126(2), 296, 3(5) of the B.N.S. 3. Case of the prosecution, in brief, is that, on 02.09.2024, at around 12:30 am, the complainant Santosh Kumar Soni was returning to his home by pushing his Honda Activa Scooty bearing licence plate No. CG-07-BP-0418, due to low fuel, when near I.T.I. Ground, Canal Road, three person stopped his scooty and took out the keys while abusing him, whereas two other people caught hold of his hands and one other person started checking his pockets and they looted his samsung galaxy phone worth about Rs. 10,000/- and Eight Thousand Rupees kept in his pocket and also his Aadhaar card and gold chain which was wore in his neck and thereafter of them assaulted the complainant/injured with a thermocol cutter, on account of which, he received injuries and then they left the spot. Upon such Act of the accused F.I.R. bearing Crime No. 170/2024, was lodged before the Khursipar Police Station, Durg, for the alleged offence. 4. Learned counsel for the applicants submits that the applicants are innocent and have falsely been implicated in this case. They further submits that the applicants along with co-accused are said to have involved in the present case and the co-accused namely Sekh 3 Shabbir has assaulted the injured by thermocol cutter on the hip of the injured who has sustained injuries so far as the present applicants are concerned there is no allegation against them to cause injury to the injured and further no any weapon has been recovered from them except Rs. 700/- from applicant Rohit @ aliyan and Rs.500/- from applicant Mangal Singh, and they are in jail since 24.09.2024 and 22.11.2024 respectively and both the applicants have no previous criminal antecedent and the conclusion of the trial is likely to take some more time therefore, they prays for grant of bail to the applicants. 5. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application of the present applicants and submits that the charge-sheet has been filed in the present case before the competent Court and further submits the fact that the the applicants along with co-accused are said to have involved in the present case and the co-accused namely Sekh Shabbir was assaulted the injured by thermocol cutter on the hip of the injured who was sustained simple injuries so far as the present applicants are concerned, from the possession of applicant namely Rohit @ aliyan Rs. 700/- was recovered from applicant Mangal Singh Rs.500/- was recovered however, both the applicants have no criminal antecedent. Accordingly, he is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, 4 nature and gravity of offence, levelled against the applicants and the fact that the applicants along with co-accused are said to have involved in the present case and the co-accused namely Sekh Shabbir was assaulted the injured by thermocol cutter on the hip of the injured who was sustained simple injuries so far as the present applicants are concerned there is no allegation against them to cause injury to the injured and further no any weapon has been recovered from them except Rs. 700/- from applicant Rohit @ aliyan and Rs.500/- from applicant Mangal Singh, and they are in jail since 24.09.2024 and 22.11.2024 respectively and both the applicants have no previous criminal antecedent and the trial is likely to take some time for its conclusion, therefore, without further commenting anything on merits, I am inclined to grant bail to the applicants. 8. Let the Applicants- Rohit @ Aliyan and Mangal Singh involved in Crime No.170/2024, registered at Police Station Khursipar, District: Durg (C.G.) for the offence punishable under Sections 309(6), 126(2), 296, 3(5) of the B.N.S., be released on bail on their furnishing a personal bond with two sureties (each) in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 5 to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are deliberated 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 them in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Kunal Sd/- (Ramesh Sinha) Chief Justice