Nafr High Court
Case Details
1 2025:CGHC:22644 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2328 of 2025 Vivek Mishra S/o Sanjay Mishra Aged About 25 Years Caste Brahmin, R/o Village Semra, P.S. Podi, Tehsil Kelhari, District Manendragarh-Chirmiri- Bharatpur, Chhattisgarh. versus --- Applicant State Of Chhattisgarh Through Station House OfÏcer, Police Station Podi, District – Manendragarh-Chirmiri-Bharatpur, Chhattisgarh. --- Non-applicant Along with MCRC No. 2450 of 2025 RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI Vivek Mishra S/o Sanjay Mishra Aged About 25 Years Cast Brahmin, R/o Village Semra, P.S. Podi, Tehsil Kelhari, District M.C.B. (Chhattisgarh) Versus ---Applicant State Of Chhattisgarh Through Station House OfÏcer, Police Station Podi, District – Manendragarh-Chirmiri-Bharatpur, Chhattisgarh. --- Non-applicant Along with MCRC No. 2458 of 2025 Vivek Mishra S/o Sanjay Mishra Aged About 25 Years Caste Brahmin, R/o Village Semra, P.S. Podi, Tehsil Kelhari, District Manendragarh-Chirimiri- Bharatpur (C.G.) Versus ---Applicant State Of Chhattisgarh Through Station House OfÏcer, Police Station Podi, District – Manendragarh-Chirmiri-Bharatpur, Chhattisgarh. ---- Non-applicant For Applicant For Non-applicant/State : :
Legal Reasoning
Mr. Shakti Raj Sinha, Advocate. Mr. Nitansh Jaiswal, Panel Lawyer. 2 Hon'ble Shri , Chief Justice Ramesh Sinha Order on Board 09.06.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime Nos. 93/2024, 94/2024 and 95/2024, registered at Police Station – Podi, District – Manendragarh-Chirmiri-Bharatpur (C.G.) for the offence punishable under Sections 457, 380 and 34 of the Indian Penal Code (IPC). 2. The case of the prosecution, is that an oral report was lodged on 18.06.2024 that the complainants Lalman Yadav, Prabhavati Kurre and Rajaram Pal had tied their buffaloes in shed on 17.06.2024, and on the next day they saw that their buffaloes were stolen, on this oral report, the crime was registered against the unknown persons and on the basis of the secret information, 3 persons including the applicant have been made accused in the present case. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are 6 criminal antecedents registered against the present applicant including the present cases, and so far as the rest cases are concerned, the deponent of the case is not able to explain them. It is further submitted that the charge-sheet has been filed in this case and the co-accused is granted bail by this Court vide orders dated 21.08.2024, 21.08.2024 nad 21.08.2024 passed in MCRC Nos. 5431/2024, 5452/2024 and 5432/2024. The applicant is in jail since 28.02.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail 3 application and submits that there are 6 criminal antecedents registered against the present applicant including the present cases, and the charge-sheet has been filed in this case. It is further submitted that an oral report was lodged on 18.06.2024 that the complainants Lalman Yadav, Prabhavati Kurre and Rajaram Pal had tied their buffaloes in shed on 17.06.2024, and on the next day they saw that their buffaloes were stolen, on this oral report, the crime was registered against the unknown persons and on the basis of the secret information, 3 persons including the applicant have been made accused in the present case, therefore, he is not entitled for grant of bail. I have heard learned counsel for the parties and perused all of the documents available on record. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there are 6 criminal antecedents registered against the present applicant including the present cases, and so far as the rest cases are concerned, the deponent of the case is not able to explain them, charge- sheet has been filed against the applicant and the co-accused is granted bail by this Court vide orders dated 21.08.2024, 21.08.2024 nad 21.08.2024 passed in MCRC Nos. 5431/2024, 5452/2024 and 5432/2024, the applicant is in jail since 28.02.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 5. 6. 7. Let applicant, Vivek Mishra, involved in Crime Nos. 93/2024, 94/2024 and 95/2024, registered at Police Station – Podi, District – Manendragarh-Chirmiri-Bharatpur (C.G.) for the offence punishable under Sections 457, 380 and 34 of the IPC, be released on bail on his furnishing a personal bond with two sureties in the like sum to the 4 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 and proceed against him in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar