High Court of Chhattisgarh
Case Details
1 2025:CGHC:18877 NAFR GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.26 12:15:39 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2232 of 2025 Sudeep Dahariya S/o Hemlal Dahariya Aged About 18 Years R/o Mohda Para Near Hanuman Mandir, Jutmil, District Raigarh, Chhattisgarh. --- Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Jutmil, District Raigarh, Chhattisgarh. --- Respondent MCRC No. 2759 of 2025 Saleem Khan @ Sahim S/o Jaleel Khan @ Manjur Ahmad Aged About 26 Years R/o Village Dhouratanda, Police Station Dorniya, District Bareli Uttar Pradesh, At Present R/o Bisee Colony, Jai Ma Sharda Rice Mill, Dharamjaigarh, Tahsil And District Raigarh Chhattisgarh --Applicant Versus State Of Chhattisgarh Through The Station House Officer, Police Station Jutmil, District Raigarh Chhattisgarh --- Respondent 2 For Applicants
Legal Reasoning
: Shri Ashish Gupta and Shri Harish Khuntiya, Advocates. For : Ms. Ankita Shukla, PL. Respondent/State Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/04/2025 1. Both these bail applications are decided by this common order as they are arising out of the same crime number. 2. These are the first bail applications filed under Section 483 of the 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.59/2025 registered at Police Station Jutmil, District- Raigarh (C.G.) for the offence punishable under Sections 326(f)(g), 3(5) of Bhartiya Nyay Sanhita, 2023. 3. Case of the prosecution, in brief, is that complainant Durgesh Yadav lodged report at Police Station Jutmil alleging therein that on 22.02.2025 at about 11.50 PM, one boy has poured kerosene oil in the car, motorcycle and shop and set fire, due to which the car has been burnt and the goods kept in shop have also been burnt. The person who has set fire is being seen in the CCTV Camera. On the basis of said report, after examining the CCTV Camera, the accused Saleem Khan was arrested and thereafter the accused Sudeep Dahariya has also been arrested. 4. Shri Ashish Gupta, learned counsel for the applicant Sudeep Dahariya in MCRC No. 2232 of 2025 would submit that applicant is innocent and he has been falsely implicated in the present case. He would 3 submit that the applicant has not burnt the car and shop of the complainant. He would submit that accused Saleem Khan has set fire over the vehicle and shop of the complainant He would submit that charge sheet has been filed and applicant is in jail since 25/02/2025, therefore, he prays for grant of bail to the applicant. 5. Shri Harish Khuntiya, learned counsel for the applicant Saleem Khan @ Sahim in MCRC No. 2759 of 2025 would submit that applicant is innocent and he has been falsely implicated in the present case. He would submit that the applicant has been arrested only on the basis of CCTV footage, he was not present on the sport at the time of the incident. He would submit that the applicant is in jail since 23/02/2025, therefore, he prays for grant of bail to the applicant. 6. On the other hand, learned State Counsel opposes the bail application and submits that there is no previous criminal antecedent against the applicants. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, there is no previous criminal antecedent against the applicants, period of detention of the applicant Sudeep Dahariya since 25/02/2025 and applicant Saleem Khan @ Sahim since 23/02/2025 and trial is likely to some time for its conclusion, this Court is of the view that the applicant Sudeep Dahariya in MCRC No. 2232 of 2025 and applicant Saleem Khan @ Sahim in MCRC No. 2759 of 2025 are entitled to be released on bail in this case. 9. Let the Applicant-Sudeep Dahariya in MCRC No. 2232 of 2025 and 4 applicant, Saleem Khan @ Sahim in MCRC No. 2759 of 2025 involved in Crime No.59/2025 registered at Police Station Jutmil, District-Raigarh (C.G.) for the offence punishable under Sections 326(f)(g), 3(5) of Bhartiya Nyay Sanhita, 2023 , be released on bail on each of them furnishing a personal bond with two local sureties 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (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 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 5 351 of BNSS. If in the opinion of the trial court absence of the applicants are deliberate or without sufficient 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. 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri