Nafr High Court
Case Details
1 2025:CGHC:11225 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1818 of 2025 1 - Rajkumar Bangali S/o Late Laxman Bangali Aged About 35 Years R/o Itwari Bazar P.S. Kotwali Jagdalpur, District Bastar, Chhattisgarh. 2 - Sheru Ansari S/o Majid Ansari Aged About 28 Years R/o Kalipur Atal AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Awas P.S. Kotwali Jagdalpur, District Bastar, Chhattisgarh. versus ... Applicant(s) State Of Chhattisgarh Through Police Station Kotwali Jagdalpur, District Bastar, Chhattisgarh. ... Non-Applicant(s) For Applicant(s)
Legal Reasoning
: Mr. Pravin Kumar Tulsyan, Advocate. For Non-Applicant(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/03/2025 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 applicants who have been arrested in connection with Crime No. 337/2024 registered at Police Station Kotwali Jagdalpur, District Bastar (C.G.) for the offence punishable under Sections 331(4), 305, 3(5) of Bharatiya Nyaya Sanhita (for 2 short ‘BNS’). 2. Case of the prosecution, in brief, is that the complainant lodged FIR against unknown persons regarding the theft of Rs. 5,000/- on the intervening night of 28.07.2024 and 29.07.2024 from his fishery shop located at Sanjay Market Jagdalpur and during the course of investigation, present applicants alongwith other co-accused persons have been arrested. Hence the bail application. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that the FIR was lodged against the unknown persons and there is no any identification parade held by the prosecution regarding the accused persons as well as seized articles, even no seizure of stolen articles has been made from present applicants. He also submits one of the similarly situated co-accused persons, namely, Babulal Baghel has already been granted bail by this Court vide order dated 16.10.2024 in MCRC No.6375/2024. The applicants are in jail since 30.07.2024, applicant No.1 has two criminal antecedent, out of which one case
Decision
has been disposed of vide order dated 21.09.2015 and one case registered as case Crime No.338/2024, in which, the applicants have already been acquitted by learned trial Court, so far as applicant No.2 is concerned, he has only one criminal antecedent, which is pending, 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 applicants. 4. On the other hand, learned State Counsel opposes the bail 3 application and submits that the charge-sheet has been filed in the present case. He further submits that applicants alongwith other co- accused persons were alleged to have committed theft of Rs.5,000/- in the fishery shop of complainant and there is also recovery of Rs.1800/- from applicant No.1, further applicant No.1 has two criminal antecedents and applicant No.2 has one criminal antecedent, therefore they are 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 applicants since 30.07.2024, the fact that though the applicants alongwith other co-accused persons were alleged to have committed theft of Rs.5,000/- in the fishery shop of complainant and there is also recovery of Rs.1800/- from applicant No.1, but one of the co- accused persons, namely, namely, Babulal Baghel has already been granted bail by this Court vide order dated 16.10.2024 in MCRC No.6375/2024 and the case of present applicants are similar to that of the co-accused person, so far as criminal antecedent of the applicants are concerned, applicant No.1 has two criminal antecedents, out of which, one case has already been disposed of and in one case, the applicant has already been acquitted by the trial Court and applicant No.2 has only one criminal antecedent, which is pending, further charge-sheet has been filed in the present case, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicants-Rajkumar Bangali and Sheru Ansari, involved 4 in Crime No. 337/2024 registered at Police Station Kotwali Jagdalpur, District Bastar (C.G.) for the offence punishable under Sections 331(4), 305, 3(5) of BNS, be released on bail on their furnishing a personal bond with two sureties 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 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 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 misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail 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 5 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 them 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