Ramanujganj (C.G.) v. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN State Of Chhattisgarh Through
Case Details
1 2025:CGHC:10549 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1648 of 2025 Firdos Ahmed S/o Late Kutus Ahmed Aged About 30 Years R/o Village- Ara Sarnapara, Outpost-Bariyon, Police Station- Rajpur, District- Balrampur-Ramanujganj (C.G.) ... Applicant versus KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN State Of Chhattisgarh Through The Incharge, Outpost - Bariyon, Police Station - Rajpur, District- Balrampur-Ramanujganj (C.G.) ... Non-applicant For Applicant
Legal Reasoning
granted bail by this Court in M.Cr.C. No. 567/2025 vide order dated 27.01.2025 and the trial is likely to take some time for its conclusion, therefore, he prays grant of bail. 4. On the other hand, the learned State counsel opposes the bail 4 application and submits that the present applicant along with 10 other accused persons allegedly entered the house of the complainant and assaulted him and his family members, on account of which, his grandfather, Navi Miyan aged about 100 years, sustained injuries on his leg and after discharged from concerned hospital, he has died. Accordingly, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there are 11 accused persons were involved in this case, out of which 10 accused persons have been granted bail by the learned trial Court, initially the FIR was registered for the offence under Sections 294, 506, 323, 147, 148, 452 and 427 and 325 of the IPC and subsequently, on 26.03.2024, the injured person, Navi Miyan, passed away at home. Following this, an additional charge sheet was filed, adding the offence under Section 302 of the IPC against the present applicant and other accused persons and the applicant was granted bail in the offences for which the FIR was lodged and after the death of the deceased who suffered some fracture on a femur bone which is alleged to have been caused by the applicant, his bail application has been rejected by the trial Court however, it appears that during the treatment of the deceased, the concerned doctor advised the family members of deceased for surgery, but the family members of the deceased 5 were not ready for surgery of deceased and they discharged the deceased on 26.02.2024 and brought him in the house and after a month, due to an infection developed, as a result he died and he is in jail since 06.12.2024 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Firdos Ahmed, involved in Crime No. 80/2024, registered at Police Station : Rajpur Outpost-Bariyon, District- Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 294, 323, 506, 147, 148, 452, 427, 325 and 302 of IPC, be released on bail on furnishing 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 6 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 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 concerned for necessary information and compliance forthwith. Kunal Sd/- (Ramesh Sinha) Chief Justice
Arguments
: Mr. Goutam Khetrapal, Advocate For Non-applicant/State : Mr. Amit Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice 04.03.2025 Order on Board 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 80/2024, registered at Police Station : Rajpur Outpost-Bariyon, District- Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 294, 323, 506, 147, 148, 452, 427, 325 and 302 of IPC. (as per final report) 2. The case of the prosecution, in brief, is that on 23.02.2024, the 2 complainant, Mohammad Reyaz lodged a report before the concerned Police Station stating therein that on the same day at about 07:00 AM, a dispute arose regarding the connection of a water pipe under the Nal Jal Yojna in front of his house. Due to this dispute, the present applicant and 10 other individuals allegedly entered into his house and assaulted him and his family members. As a result of the assault, his grandfather Navi Miyan, son of Salamat Miyan, aged about 100 years, sustained an injury to his leg. Based on this report, the concerned police registered an FIR against the present applicant and others co-accused under Sections 294, 506, 323, 147, 148, 452 and 427 of the IPC. The injured person was admitted to the Government Hospital, Ambikapur and was taken home by his family members on 26.02.2024. After completing the investigation, the charge-sheet filed on 09.03.2024 against the applicant and others co-accused persons under Sections 294, 506, 323, 147, 148, 452, 427, and 325 of the IPC. Subsequently, on 26.03.2024, the injured person, Navi Miyan, passed away at home. Following this, the prosecution filed an additional charge sheet, adding the offence under Section 302 of the IPC against the present applicant and other accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in the instant case. He further submits that in the present case there are total 11 accused persons are there and out of which 10 accused have been granted bail and as per query report submitted by doctor, the deceased died due to 3 infection which was received on his leg and earlier the offence under Sections 294, 506, 323, 147, 148, 452, 427 and 325 of the IPC were registered against the accused persons. The applicant and other co-accused persons applied for grant of bail under Section 437 of Cr.P.C. and vide order dated 11.03.2024 they were granted bail by the learned JMFC, Rajpur. Since the applicant had already been released on bail, therefore he is entitled to be released on bail even after registration/ addition of severe offence, as held by the Hon'ble Supreme Court in the case of Pradeep Ram Vs. State of Jharkhand & another reported in 2019 SCC OnLine SC 825 and Manoj Suresh Jadhav & others Vs. State of Maharashtra reported in 2018 SCC OnLine SC 3428. He further submits that during treatment of deceased, the concerned doctor advised the family members of deceased for surgery, but the family members of deceased were not ready and willing for surgery of deceased and they discharged the deceased on 26.02.2024 and brought him in the house and none of the witnesses stated that the present applicant given any assault to the deceased and the injured/deceased was 100 years old person and died in the hospital after one month due to an infection that developed as a result of the injury sustained on the leg of the deceased. He further submits that on the similar allegation, the co-accused Ramzan Ali has been