P.S. Tilda Nevra, District Raipur Chhattisgarh v. State Of Chhattisgarh Through The Station House Officer, P.S. Tild
Case Details
1 2025:CGHC:13397 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2228 of 2025 1 - Shubham Verma S/o Santosh Verma Aged About 23 Years R/o Village Chhapora, Ward No. 10, P.S. Tilda Nevra, District Raipur Chhattisgarh AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 - Santosh Verma S/o Late Narayan Verma Aged About 48 Years R/o Village Chhapora, Ward No. 10, P.S. Tilda Nevra, District Raipur Chhattisgarh 3 - Umesh @ Raja Pal S/o Late Mohan Pal Aged About 21 Years R/o Village Chhapora, Ward No. 10, P.S. Tilda Nevra, District Raipur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, P.S. Tilda Nevra, District Raipur Chhattisgarh ... Respondent(s) For Applicant(s) :
Legal Reasoning
Mr. Achyut Tiwari, Advocate. For Respondent(s) : Ms. Ankita Shukla, 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 2 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 72/2025 registered at Police Station Nevra, District Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 109, 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the victim reported to the concerned Police Station alleging that on February 21, 2025, applicant No.2 came to his house and asked for liquor, but the victim refused. Later, around 7:30 P.M., the applicant No.2 alongwith applicant Nos.1 and 3 came compel victim to apologize to applicant No.2. When victim refused, applicant No.1 allegedly assaulted him with a knife, thereafter they applicants fled. Thereafter, aforesaid offence has been registered against the applicants and subsequently they were arrested. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that admittedly as per the prosecution applicant No.1, Shubham Verma had assaulted the injured with steel knife, due to which, injured received grievous injuries on his abdomen and right thigh, whereas applicant Nos. 2 and 3 had accompanied applicant No.1 at the time of alleged incident, further applicant No. 3 is patient of HIV, copy of which is annexed as Annexure A-3. The applicants are in jail since 3 22.02.2025, the applicants have no criminal antecedent, charge- sheet has not been filed, the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has not been filed in the present case. She further submits that the applicants had assaulted the injured with knife, due to which, injured received grievous injuries on his persons and as per the opinion of doctor the same is found to be dangerous to life, therefore, they are 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 applicants since 22.02.2025, the fact that though the applicant No.1 has no criminal antecedent, but he had assaulted the injured with knife, due to which, injured received grievous injuries on his persons and as per the opinion of doctor, the same is found to be dangerous to life, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicant No.1 on regular bail, accordingly, the bail application of applicant No.1- Shubham Verma, involved in Crime No. 72/2025 registered at Police Station Nevra, District Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 109, 3(5) of 4 BNS, is rejected. 7. So far as applicant Nos. 2 and 3 are concerned, the allegation against them is that they had accompanied applicant No.1, who assaulted the injured/victim with knife, further no overt act has been assigned to them, the case of applicant Nos. 2 and 3 are distinguishable from that of the case of applicant No.1, also considering the fact that applicant No.3 is patient of HIV, copy of which is annexed as Annexure A-3, and applicant Nos.2 and 3 have no criminal antecedents, they are in jail since 22.02.2025, the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant Nos.2 and 3 are entitled to be released on bail in this case. 8. Let the Applicants-Santosh Verma and Umesh @ Raja Pal, involved in Crime No. 72/2025 registered at Police Station Nevra, District Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 109, 3(5) of of BNS, be released on bail on their 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 applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through 5 their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse 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 the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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. 9. 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