Gulab Ahiresh v. State Of Chhattisgarh Through- Station House Officer, Police

HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 568 of 2025 1 - Gulab Ahiresh S/o Antlal Aged About 23 Years Resident Of Village- Ratga (Rahnga Wrongly Mentioned In Lower Court Order), P/s- Marwahi, District- Gourela-Pendra-Marwahi (C.G.) 2 - Rai Bahadur S/o Mathura Aged About 22 Years Resident Of Village- Ratga, (Rahnga Wrongly Mentioned In Lower Court Order), P/s- Marwahi, District- Gourela-Pendra-Marwahi (C.G.) --- Appellant(s) versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Chowki- Cseb, P/s- Kotwali, District- Korba (C.G.) --- Respondent(s) (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------- For Appellant For State :- Mr. Kamlesh Kumar Pandey, Advocate :- Mr. Sharad Mishra, Panel Lawyer ------------------------------------------------------------------------------- Division Bench Hon'ble Shri Justice Sanjay K. Agrawal and Hon'ble Smt. Justice Rajani Dubey Judgment on Board (18.07.2025) 2 (CRA No. 568 of 2025) Sanjay K. Agrawal, J

This criminal appeal under Section 21(4) of National Investigation Agency Act, 2008 is directed against order dated 24.02.2025 (Annexure A/1) by which the appellants' bail application under Section 483 of the BNSS for offence punishable under Sections 489-A, 489-B, 489-C, 489-D, 489-E read with Section 34 and 201 of the IPC has been rejected by learned trial Court finding no merit.

This is the third appeal preferred before this Court. Earlier, the bail applications preferred by the appellants have been rejected by this Court vide orders dated 21.03.2022 &

23.08.2024 passed in CRA No.225/2022 & CRA No.1225/2024 respectively.

Mr. Kamlesh Kumar Pandey, learned counsel for the appellants would submit that all the aforesaid offences are punishable for a period of 10 years, whereas the appellant No.1 is in jail since 26.02.2021 and appellant No.2 is in jail since 01.01.2021. He would further submit that despite the order of this Court, expedite trial of the case has not taken place and only 05 witnesses have been examined out of 09 witnesses and they have not supported the case of the prosecution and in light of decision of the Supreme 3 (CRA No. 568 of 2025) Court in the matter of Javed Gulam Nabi Shaikh v. The State Of Maharashtra1, the appellants are entitled to be released on bail.

On the other hand, learned State counsel would support the impugned order and submit that learned trial Court has rightly rejected the bail application of the appellants herein.

We have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records with utmost circumspection.

Having heard learned counsel for the parties and after going through the records and particularly taking into consideration the fact that the aforesaid offences are punishable for a term of up to 10 years, whereas the appellant No.1 is in jail since 26.02.2021 and appellant No.2 is in jail since 01.01.2021 and since the trial is likely to take some time for its conclusion, we are of the opinion that the appellants are entitled to be released on bail in this case.

In that view of matter, it is directed that the appellants - Gulab Ahiresh and Rai Bahadur be released on bail on 1 2024(4) CGLJ 4 (CRA No. 568 of 2025) them furnishing a personal bond in the sum of Rs. 25,000/- each with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.