1. Jubair Khan S/o Aadil Khan @ Jubi Aged About 20 Years R/o Risaipara v. 1. State Of Chhattisgarh Through- Police Of Police Station, Purur, District - Balod
Case Details
1 2025:CGHC:17448 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2280 of 2025 1. Jubair Khan S/o Aadil Khan @ Jubi Aged About 20 Years R/o Risaipara (Wrongly Mentioned Isaipara In The Impugned Order) Near Gayatri Mandir Dhamtari, District Dhamtari (C.G.) --- Applicant(s) versus 1. State Of Chhattisgarh Through- Police Of Police Station, Purur, District - Balod (C.G.) --- Non-Applicant(s) MCRC No. 2381 of 2025 1. Jubair Khan @ Jubi S/o Aadil Khan Aged About 20 Years R/o Risaipara (Wrongly Mentioned Isaipara In The Impugned Order) Near Gayatri Mandir Dhamtari, District- Dhamtari (C.G.) ---Applicant(s) Versus 1. State Of Chhattisgarh Through- Police Of Police Station Charama, District- North Bastar Kanker (C.G.) --- Non-Applicant(s) MCRC No. 2503 of 2025 MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.04.21 15:20:50 +0530 2
Legal Reasoning
1. Dipanshu Sahu S/o Shri Narendra Sahu Aged About 21 Years Resident Of Gauri Nagar Gali No. 07, Composit Building Ke Piche Rudri, Dhamtari, Tah. And Distt. Dhamtari (C.G.) ---Applicant(s) Versus 1. State Of Chhattisgarh Through Officer-In-Charge Of Police Station- Purur, District- Balod (Chhattisgarh) --- Non-Applicant(s) For Applicant(s) : Mr. Hemant Kumar Agrawal, Advocate and Mr. Ashish Sahu, Advocate For Non-Applicant(s) : Ms. Smriti Shrivastava, 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. Since the issues involved in the above-mentioned three bail applications are same, they are clubbed and heard together
Decision
and are being disposed of by this common order. 3. These are the First bail applications filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime Numbers as mentioned under: MCRC No. Crime No. Police Station Offence 2280/2025 127/2024 P.S. Purur, District - Balod (C.G.) Sections 309(4), 309(6), 311, 238, 3(5) BNSS (corresponding Sections 392, 394, 397, 201, 34 of IPC) & Sections 25 & 27 of Arms Act. 3 2381/2025 170/2024 P.S. Charama, District - North Bastar Kanker (C.G.) 2503/2025 127/2024 P.S. Purur, District - Balod (C.G.) Sections 309(4), 309(6), 109(1), BNSS 3(5) (corresponding Sections 392, 307, 34 of IPC) & Sections 25 & 27 of Arms Act [S. 109(1) of the BNSS added in the charge sheet]. Sections 309(4), 309(6), 311, 238, 3(5) BNSS & Sections 25 & 27 of Arms Act. 4. In MCRC No. 2280/2025 and MCRC No. 2381/2025 - The Prosecution case, in brief, is that the complainant lodged a report stating that on 05.12.2024 at about 05:00 AM when complainant Dhananjay Nishad with his friend Tileshwar Taram was going to morning walk, at that 3 unknown masked persons came by motorcycle, stabbed the complainant in the thigh of the left leg and took away his mobile at a value of Rs. 10,000/- of the Vivo Company. The Police Station Charama registered an FIR, during investigation found child in conflict with law (namely - Mayank Khatri) stabbed the injured person, co- accused Dipanshu Sahu was driving the motorcycle and applicant was only sitting in the motorcycle. After completing the investigation, charge-sheet has been filed under Sections 309(4), 309(6), 311, 238, 3(5) BNSS (corresponding Sections 392, 394, 397, 201, 34 of IPC) & Sections 25 & 27 of Arms Act. 5. In MCRC No. 2503/2025 - The Prosecution case, in brief, is that the complainant lodged a report before the Police Station 4 Purur, District - Balod (C.G.) stating that on 05.12.2024 at about 05:00 AM when complainant Dhananjay Nishad and Tileshwar Taram were taking morning walk on NH-30 road when 03 persons got down and took away the complainant’s Vivo Mobile phone and the other person stabbed him on his left thigh with a knife due to which he started bleeding. On the report of the complainant, a crime was registered against 03 unknown persons by the police station Purur under Sections 309(4), 309(6), 311, 238, 3(5) BNSS & Sections 25 & 27 of Arms Act. 6. Learned counsel for the applicants would submit that the applicants are innocent person and they have not committed any offence as alleged by the prosecution and they are falsely implicated in the present cases. It is further submitted that the applicant in MCRC No. 2280/2025 and MCRC No. 2381/2025 has one criminal antecedent which is pending and the applicant in MCRC No. 2503/2025 has no any criminal antecedents of similar nature. It is further submitted that from the possession of the applicant in MCRC No. 2280/2025 and MCRC No. 2381/2025 only Rs. 50/- and his own mobile of Samsung Company was seized and from the possession of the applicant in MCRC No. 2503/2025 only Rs. 70/- along with one mobile of Vivo Company was seized. They further submitted that the charge-sheets have been submitted and the 5 applicants are in jail since 23.12.2024 and 07.12.2024. Therefore, they pray that the applicants be enlarged on bail. 7. On the other hand, the learned counsel for the State opposes the bail application and also endorse the submission made by the learned counsel for the applicant and would submit that injured sustained injuries were grievous in nature, therefore, they are not entitled to be released on bail. 8. I have heard learned counsel for the parties and perused the case diary. 9. Considering the facts and circumstance of the case, nature and gravity of allegation made against the applicants and the fact that the charge-sheet has been filed in the present cases before the competent Courts and they are in jail since 23.12.2024 and 07.12.2024, therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 10. Let applicants, Jubair Khan @ Jubi and Dipanshu Sahu, involved in Crime Nos. 170/2024, registered at Police Station Charama, District - North Bastar Kanker (C.G.) (MCRC No. 2280/2025) and Crime No. 127/2024, registered at Police Station Purur, District - Balod (C.G.) (MCRC No. 2381/2025 & MCRC No. 2503/2025), for the offence punishable under Sections 309(4), 309(6), 109(1), 311, 238, 3(5) BNSS (corresponding Sections 392, 394, 307, 397, 201, 34 of IPC) & 6 Sections 25 & 27 of Arms Act, be released on bail on their each furnishing personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicants will file an undertaking to the effect that they will 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 applicants will remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of BNS. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial Court shall initiate proceedings against them, in accordance with law, under Section 209 of BNS. (iv) The applicants will remain present, in person, 7 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 them in accordance with law. 11. Office 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 Manish