Nafr High Court
Case Details
1 2025:CGHC:12580 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2061 of 2025 Akash Gupta S/o Vimal Prasad Gupta Aged About 25 Years R/o Rafiganj, Post OfÏce Gali, Police Station Rafiganj, District Aurangabad, Bihar Pin- 824125. Presently Residing at Santoshi Nagar, Near Arya Samaj Mandir, Masjid Gali, Police Station Tikarapra, District Raipur, Chhattisgarh. (Particulars of The Applicant is Mentioned Correctly as per Charge-sheet) versus ... Applicant State of Chhattisgarh Through Police Station Telibandha, District Raipur, Chhattisgarh. ... Non-applicant For Applicant
Legal Reasoning
: Mr. Anmol Sharma, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice 17.03.2025 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. 778/2024, registered at Police Station : Telibandha, District- Raipur, (C.G.) for the offence punishable under Sections 305(a), 317(2), 317(4), 3(5) of Bhartiya Nyay Sanhita, 2023. 2. The case of the prosecution, in brief, is that on 01/12/2024, the complainant, Ashish Jain, lodged an oral complaint with the police, RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 stating that on 30/11/2024, at approximately 10:40 P.M., he attended a birthday party at Shagun Farms, VIP Road, Raipur, in his brand-new Toyota Camry, bearing registration number C.G.04MM 6000. Upon arriving at the venue, he handed over his car to the valet parking service. However, after the party, when he went to retrieve his car, he was informed that it was missing. The following day, he reported the incident to the police, stating that unknown individuals had stolen his car from the venue. The police registered a case against unknown persons and initiated an investigation. During the investigation, surveillance footage from CCTV cameras revealed that the stolen car was spotted on 01/12/2024 at Marine Drive, Tailbandha Lake, Raipur. Acting on this information, the authorities conducted a raid at the location and recovered the vehicle from Abdul Shabaz and the present applicant. Both individuals were arrested, and after completing the investigation, the police filed a charge sheet for the alleged offence. The present applicant was arrested on 03/12/2024 and subsequently remanded to judicial custody. 3. Learned counsel for the applicant submits that the true and correct facts of the present case differ from the prosecution’s version. He further submits that the present applicant has been falsely implicated and has no involvement in the alleged crime. In his memorandum statement, the applicant specifically stated that the main accused, Gaurav Verma, had given the car as security to Shabaz Khan, who had lent him a sum of Rs. 2,50,000/-. An agreement to this effect was executed between Shabaz Khan and 3 Gaurav Verma, in which the present applicant merely signed as a witness. This is the only allegation against him. These documents are also part of the charge sheet in the present case. He also submits that the applicant had no role in the crime and no knowledge of the fact that the car was stolen. Shabaz Khan provided a loan to Gaurav Verma, who pledged the vehicle as security, and both were unaware that the car had been stolen. He further submits that the present applicant has no any criminal antecedent and the present applicant is in jail since 03.12.2024 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the prosecution’s case is based on the complaint lodged by Ashish Jain regarding the theft of his brand-new Toyota Camry from the valet parking at Shagun Farms, VIP Road, Raipur. Upon investigation, CCTV surveillance footage led the authorities to Marine Drive, Tailbandha Lake, Raipur, where the stolen vehicle was found in the possession of the present applicant and co-accused, Abdul Shabaz, therefore, the 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 that though the stolen vehicle was found in the possession of the present applicant and co-accused, Abdul Shabaz, but the applicant has no any previous criminal antecedent and the charge-sheet has 4 been filed before the competent Court and he is in jail since 03.12.2024 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant, Akash Gupta, involved in Crime No. 778/2024, registered at Police Station : Telibandha, District- Raipur, (C.G.) for the offence punishable under Sections 305(a), 317(2), 317(4), 3(5) of Bhartiya Nyay Sanhita, 2023, be released on bail on furnishing personal bond with two local 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 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan