Nafr High Court
Case Details
1 2025:CGHC:17459 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2175 of 2025 1 - Karan Khunte @ Sonu S/o Bhanushankar Khunte Aged About 29 Years R/o Gurunanak Ward, Bhatapara, P.S.- Bhatapara (City), Tahsil- Bhatapara, District Balodabazar-Bhatapara, Chhattisgarh, (Detail Of The Applicants Have Not Mentioned In Annexure A-1) 2 - Jashwant Khunte S/o Bhanushankar Khunte Aged About 21 Years R/o Gurunanak Ward, Bhatapara, P.S.- Bhatapara (City), Tahsil- Bhatapara, District Balodabazar-Bhatapara, Chhattisgarh, (Detail Of The Applicants Have Not Mentioned In Annexure A-1) 3 - Junaid Khan @ Daini S/o Yashin Aged About 31 Years R/o Gurunanak Ward, Bhatapara, P.S.- Bhatapara (City), Tahsil- Bhatapara, District Balodabazar-Bhatapara, Chhattisgarh, (Detail Of The Applicants Have Not Mentioned In Annexure A-1) 4 - Harish Joshi S/o Arun Joshi Aged About 24 Years R/o Gurunanak Ward, Bhatapara, P.S.- Bhatapara (City), Tahsil- Bhatapara, District Balodabazar-Bhatapara, Chhattisgarh, (Detail Of The Applicants Have Not Mentioned In Annexure A-1) 5 - Shiv Kumar Shashtri S/o Jagjeevan Shashtri Aged About 34 Years R/o Gurunanak Ward, Bhatapara, P.S.- Bhatapara (City), Tahsil- Bhatapara, District Balodabazar-Bhatapara, Chhattisgarh, (Detail Of The Applicants Have Not Mentioned In Annexure A-1) ... Applicants 2 versus • State Of Chhattisgarh Through - Station House Officer, Police Station- Bhatapara (City), District Balodabazar-Bhatapara (C.G.) ... Non-applicant For Applicant
Legal Reasoning
: Mr. Bharat Lal Sahu, Advocate For State : Mr. Hariom Rai, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’). for grant of regular bail, as they have been arrested in connection with Crime No.565/2024, registered at Police Station – Bhatapara (City), Dist.- Balodabazar- Bahtapara (CG) for the offence punishable under Section 191(3), 190, 333, 296, 351(2), 115(2), 324, 109 of BNS. 3. The prosecution story in brief, is that, the complainant has made written complaint to the concerned police station is that on date of incident 20.12.2024 at about 11.00 in the night the accused persons have quarreled dispute with his cousin brother at his uncle house regarding previous enmity of purchasing liquor and thereafter, the accused persons have committed marpeet with cousin brother Bhupendra Banjare by hand, fist and leg, due to this, Bhupendra Banjare was received injury 3 and his treatment has been done in the hospital. Based upon the such complaint, the police has registered the case under section 191 (3), 190, 333, 296, 351(2), 115(2), 324, 109 of B.N.S. against the unknown accused person and during investigation, the police has arrested the present applicants on the memorandum of the statement. 4. It was argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. He would further submit that the applicants are friend of the injured person and there was simple dispute arose between parties. He also submits that the injuries has found simple in nature and only on the basis of suspicious, applicants have falsely been implicated in connection of this crime without any sufficient nature. The applicants are in jail since 21.12.2024, 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. 5. On the other hand, learned counsel for the State opposes the bail application of the applicants and submits that according to charge-sheet there is no previous antecedent against the present applicants. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case and the fact that charge-sheet has been filed and no 4 further investigation is required to be done and fact that injuries have found simple in nature the applicants are in jail since 25.12.2024 and the conclusion of the trial would take some time, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Let the Applicants- Karan Khunte @ Sonu, Jashwant Khunte, Junaid Khan, Harish Joshi, Shiv Kumar Shastri involved in Crime No.565/2025, registered at Police Station Bhatapara (City), Dist.- Balodabazar-Bhatapara (CG) for the offence punishable under Sections 191(3), 190, 333, 296, 351(2), 115(2), 324, 109 of B.N.S., be released on bail on his furnishing a personal bond with two sureties each 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 sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 5 (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 statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient 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. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible, in accordance with law , if there is no legal impediment. 10. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.21 13:32:01 +0530 vaishali (Ramesh Sinha) CHIEF JUSTICE