SH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN v. State Of Chhattisgarh Through Station House Officer P.S. Shankargarh District
Case Details
1 2025:CGHC:12915 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2120 of 2025 Vishvanath Paikra S/o Late Bhadeshwar Paikra Aged About 25 Years R/o Village Girjapur P.S. Shankargarh District - Balrampur - Ramanujganj (C.G.) AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer P.S. Shankargarh District - Balrampur - Ramanujganj (C.G.) ... Respondent(s) For Applicant(s) :
Legal Reasoning
Mr. Sunil Tripathi, Advocate. For Respondent(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/03/2025 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 applicant who has been arrested in connection with Crime No. 175/2024 registered at Police Station Shankargarh District - Balrampur - Ramanujganj (C.G.) for the offence punishable under Sections 109, 3(5), 58, 61 of Bharatiya Nyaya Sanhita (for short ‘BNS’) and Section 25 and 27 of Arms Act. 2. Case of the prosecution, in brief, is that on 19.10.2024, a complaint 2 was made by complainant alleging that on 19.10.2024 at around 5:30 P.M., his brother Sanju Yadav informed him via phone that an unknow person has shot his uncle Vasudev Yadav with a gun near Bhukurtuari Jungle, as a result of which he has sustained injuries on right hand, elbow, chest and back and is bleeding whereby he reached the spot in his Jeep and took him to Shankargarh Hospital. That during the investigation, it was alleged that the main accused Sukhesh Yadav had shot the victim and on basis of his memorandum statement the present applicant has been implicated in the above said offence alleging that he played a role in helping him to abscond. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that two of the identically situated co-accused persons, namely, Abhishek Tiwari @ Chhotu and Ashwani Choubey have already been granted regular bail by this Court vide order dated 07.03.2025 in MCRC Nos.1908/2025 and 1875/2025, so far as present applicant is concerned, he has not played any role in the said offence, only on the basis of memorandum statement of main accused persons, namely, Sukesh Yadav and Santosh Paikra, present applicant has been made an accused in the case. The applicant is in jail since 21.10.2024, the applicant has no criminal antecedent, 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 applicant. 3 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that applicant in connivance with other co-accused persons had conspired to shoot the injured with gun, due to which, injured sustained injuries on his right hand, elbow, chest and back, therefore, he is 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 applicant since 21.10.2024, the fact that though it is alleged that the applicant in connivance with other co-accused persons had conspired to shoot the injured with gun, due to which, injured sustained injuries on his right hand, elbow, chest and back, but two of the co-accused persons, namely, Abhishek Tiwari @ Chhotu and Ashwani Choubey have already been granted regular bail by this Court vide order dated 07.03.2025 in MCRC Nos.1908/2025 and 1875/2025 on the ground that the main accused in present case is Sukesh Yadav and Santosh Paikra, further the case of present applicant is distinguishable from that of the co-accused, Sukesh Yadav and Santosh, who shot the injured with a gun and similar to that of the co-accused, Abhishek Tiwari @ Chhotu and Ashwani Choubey, the applicant has no criminal antecedent and charge-sheet has been filed in the present ase, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Vishvanath Paikra, involved in Crime No. 4 175/2024 registered at Police Station Shankargarh District - Balrampur - Ramanujganj (C.G.) for the offence punishable under Sections 109, 3(5), 58, 61 of BNS and Section 25 and 27 of Arms Act, be released on bail on his furnishing a 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 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 5 and proceed against him 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