Nafr High Court
Case Details
1 2025:CGHC:7562 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1206 of 2025 Sanni Sahu S/o Ashok Sahu Aged About 23 Years R/o Village Purana Bazar Para, Surajpur, Police Station And Tahsil Surajpur, District Surajpur Chhattisgarh versus ... Applicant(s) AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Surajpur, District Surajpur Chhattisgarh ... Non-Applicant(s) For Applicant(s)
Legal Reasoning
: Mr. Anil Kumar Gulati, Advocate. For Non-Applicant(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/02/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 557/2024 registered at Police Station Surajpur, District Surajpur (C.G.) for the offence punishable under Sections 296(B), 115(2), 310(2), 109(1) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the complainant, namely, 2 Anuj Kumar Awasthi lodged a report at Police Station Surapur alleging therein that on 07.10.2024 at around 11:30 pm, he went to Old Bus Stand to attend function and due to over crowding, he went to the complex, where Sandeep Sahu and other persons were present, they used filthy language, snatched the golden chain of the complainant and Rs.1,500/- from him and pushed him off the roof, causing him serious injuries on his hands, feet and head, thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the main accused of the present case and from whose possession Rs.1,500/- has been recovered has already been granted bail by this Court vide order dated 24.01.2025 in MCRC No.8981 of 2024 and the case of present applicant is better than that of the co-accused. The applicant is in jail since 17.10.2024, so far as criminal antecedent of the applicant is concerned, the brother of applicant, namely, Kuldeep Sahu was involved in murder case of wife and daughter of Head Constable, on account of which, applicant has been falsely implicated in other cases, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that applicant alongwith other co- 3 accused persons had snatched gold chain of complainant took his Rs.1,500/- and pushed him off the roof, due to which, injured received serious injuries on his hands, feet and head, further applicant has two criminal antecedents of the year 2024, therefore, he 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 offence, period of detention of the applicant since 17.10.2024, the fact that though the applicant alongwith other co-accused persons had snatched gold chain of complainant took his Rs.1,500/- and pushed him off the roof, due to which, injured received serious injuries on his hands, feet and head, but the main accused from whose possession Rs.1,500/- has been recovered has already been granted bail by this Court vide order dated 24.01.2025 in MCRC No.8981 of 2024 and the case of present applicant is much better than that of the co-accused, so far as criminal antecedent of the applicant is concerned, the brother of applicant, namely, Kuldeep Sahu was involved in murder case of wife and daughter of Head Constable, on account of which, applicant has been falsely implicated in other cases, charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Sanni Sahu, involved in Crime No. 557/2024 registered at Police Station Surajpur, District Surajpur (C.G.) for the offence punishable under Sections 296(B), 115(2), 310(2), 109(1) 4 of BNS, 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 of the case, (ii) framing of charge and (iii) recording of 5 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil