1. Kailash Kansari S/o Mannulal Kansari Aged About 40 Years R/ o Shahid Veer v. 1. State Of Chhattisgarh Through Station House Officer, Outpost Rajgamar, Police Station Balco Nagar
Case Details
1 2025:CGHC:17658 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1892 of 2025 1. Kailash Kansari S/o Mannulal Kansari Aged About 40 Years R/ o Shahid Veer Narayan Singh Ward No. 4, Gurur, Balod, District Balod Chhattisgarh At Present R/o Daihanbhantha, Chhoti Koni, Bilaspur, Tahsil And District Bilaspur Chhattisgarh. --- Applicant(s) versus 1. State Of Chhattisgarh Through Station House Officer, Outpost Rajgamar, Police Station Balco Nagar, District Korba Chhattisgarh. --- Non-Applicant(s) MCRC No. 2369 of 2025 1. Santosh Gupta S/o Late Chhedilal Gupta Aged About 62 Years R/o Hardibazar College Chowk, Ward No. 18, Police Station Hardibazar, District Korba Chhattisgarh. ---Applicant(s) Versus 1. State Of Chhattisgarh Through Chowki Rajgamar, Police Station Balko Nagar, District Korba Chhattisgarh. --- Non-Applicant(s) MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.04.22 11:27:54 +0530 2 MCRC No. 2420 of 2025
Legal Reasoning
1. Rohit Kumar Sahu S/o Late Shri Shubodh Sahu Aged About 22 Years R/o Shanti Nagar Dipka, Ward No. 10, Pali Road Dipka, Police Station Dipka, District Korba, Chhattisgarh ---Applicant(s) Versus 1. State Of Chhattisgarh Through- Chowki Rajgamar, Police Station Balco Nagar, Korba, District- Korba, Chhattisgarh --- Non-Applicant(s) For Applicant(s) : Mr. Nitesh Shrivas, Mr. Bharat Rajput and Mr. Anshul Tiwari, Advocates For Non-Applicant(s) : Ms. Monika Thakur, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 17.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. The applicants have preferred these First Bail Applications under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 65/2025, registered at Outpost - Rajgamar, Police Station Balco Nagar, District - Korba (C.G.), for the offence punishable under Sections 127(2), 331(4), 351(2), 310(2), 111(3), 3(5) and 317(2) of Bhartiya Nyay Sanhita, 2023. 3 3. Prosecution case in brief is that the complainant Ratan Singh Rathiya who is working as Security Guard in SECL, Rajgamar Sub-Area has lodged a report at Outpost Rajgamar to the effect that on 21.01.2025 at about 07:00 AM, he went to his duty, where the colleagues Radrik Logan, Vinod Kumar, Shankar Lal, Lalta Prasad, Sanju Rai and Usat Ram informed him that in night between 02:30 to 04:00, some unknown persons entered into the mines and taken their mobiles and closed them inside the room and stolen cable wire, CCTV/DVR/NVR and Laptop amounting to Rs. 2,00,000/-. On the basis of which, a crime was registered against the applicants and other co-accused. 4. Learned counsel for the applicants would submit that the applicants are innocent persons and they have not committed any offence as alleged by the prosecution and they are falsely implicated in the present case. It is further submitted that the applicant in MCRC No. 1892/2025 has one criminal antecedent of the year 2024 under Section 281 of B.N.S. and other two applicants have no any criminal antecedents of similar nature. It is further submitted that the applicants names have come into the light in the memorandum statement of the co-accused. They further submit that the charge-sheet has been submitted and the applicants are in jail since 28.01.2025 and 30.01.2025. Therefore, they pray that the applicants be 4 enlarged on bail. 5. On the other hand, the learned counsel for the State opposes the bail applications and also endorse the submission made by the learned counsel for the applicants, She also charge-sheet has been filed, therefore, they are not entitled to be released on bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstance of the case, nature and gravity of allegation made against the applicants and the fact that the applicants names have come into the light in the memorandum statement of the co-accused, further the charge- sheet has been filed in the present case before the competent Court and they are in jail since 28.01.2025 and 30.01.2025, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let applicants, Kailash Kansari, Santosh Gupta and Rohit Kumar Sahu, involved in Crime No. 65/2025, registered at Outpost - Rajgamar, Police Station Balco Nagar, District - Korba (C.G.), for the offence punishable under Sections 127(2), 331(4), 351(2), 310(2), 111(3), 3(5) and 317(2) of Bhartiya Nyay Sanhita, 2023, 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 5 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 misuse the liberty of bail during trial and in order to secure his 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, 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 6 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. 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