Sarguja Chhattisgarh v. State Of Chhattisgarh Through Station House Officer Police Statio
Case Details
1 2025:CGHC:13400 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2223 of 2025 Vinit Bos S/o Sameer Bos Aged About 24 Years (Wrongly Mentioned As AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Bineet Bose In The Order Sheet ) R/o Village Digma Nehrunagar Ambikapur Police Station And Tahsil Ambikapur District - Sarguja Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Police Station Gandhinagar District - Sarguja (C.G.) ... Respondent(s) For Applicant(s) :
Legal Reasoning
Mr. Dharmesh Shrivastava, Advocate. For Respondent(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/03/2025 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. 41/2025 registered at Police Station 2 Gandhinagar District - Sarguja (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 109, 190 and 191(2) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that Harshit Chakraborty submitted a written report to the Gandhi Nagar Police Station on January 10, 2025. The report stated that while Chakraborty, Rahul Haldar, and Shubham Sarkar were traveling on a two-wheeler near Medical College Square, they were attacked by present applicant alongwith other co-accused persons. The attackers used iron rods and sharp edged weapons, causing him head and body injuries. They also threatened to kill Chakraborty and his companions, leaving them frightened. Based on such report a crime case No. 41/2025 was registered and during the investigation, Chakraborty underwent a medical examination (MLC), which recommended X- rays for his right leg and a CT scan for his head injuries. 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 the applicant is said to have assaulted the injured Harshit Chakraborty with stick (lathi), who suffered one lacerated wound on his right parietal region measuring (2cm x 1cm) and as per the CT head report, no significant abnormality was detected, so far as other injuries are concerned, those are on left little finger and swelling in right leg. The applicant is in jail since 13.01.2025, the applicant has three criminal antecedents under the IPC, out of which, one case has already 3
Decision
been disposed of and rest of the two cases are at the stage of final argument, 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. 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 the applicant alongwith other co-accused persons had assaulted the injured with stick (lathi), due to which, injured received injuries on his head and other parts of the body, further applicant has three criminal antecedents under the IPC, 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 13.01.2025, the fact that though the applicant alongwith other co-accused persons had assaulted the injured with stick (lathi), due to which, injured received injuries on his head and other parts of the body, but as per the CT head report, no significant abnormality was detected and the other injuries are also found to be simple in nature, so far as criminal antecedents of the applicant are concerned, applicant has three criminal antecedents under the IPC, out of which, one case has already been disposed of and rest of the two cases are at the stage of final argument, further charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 4 7. Let the Applicant-Vinit Bos, involved in Crime No. 41/2025 registered at Police Station Gandhinagar District - Sarguja (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 109, 190 and 191(2) of the BNS, 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