Nafr High Court
Case Details
1 2025:CGHC:22298 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2704 of 2025 1 - Kanhiya Soni S/o Narayan Soni Aged About 20 Years R/o Village- Binaiyka, Thana And Tahsil-Masturi,District-Bilaspur(C.G.) 2 - Nanka Soni S/o Narayan Soni Aged About 27 Years R/o Village- Binaiyka, Thana And Tahsil-Masturi,District-Bilaspur(C.G.) 3 - Narayan Soni S/o Muniram Soni Aged About 65 Years R/o Village- Binaiyka, Thana And Tahsil-Masturi,District-Bilaspur(C.G.) 4 - Bhusan Soni S/o Narayan Soni Aged About 25 Years R/o Village- Binaiyka, Thana And Tahsil- Masturi, District- Bilaspur (C.G.) versus ... Applicants State Of Chhattisgarh Through- Police Station- Masturi, District- Bilaspur (C.G.) ... Non-applicant For Applicants
Legal Reasoning
: Mr. Sanjay Kumar Yadav, Advocate appears along with Mr. Sushil Kumar Patrey, Advocate For Non-applicant : Mr. Sangarsh Pandey, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.05.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail 2 to the applicants who have been arrested in connection with Crime No.433/2024 registered at Police Station Masturi, District-Bilaspur (C.G.), for the offence punishable under Sections 296, 115(2), 351(2), 333, 3(5), 117(2) of the BNS, 2023. 2. The prosecution story is such that on 02.09.2024 the complainant lodged an FIR against the present applicants stating that the applicants committed marpit with him and used filthy language to him. 3. Learned counsel for the applicants submits that the applicant no. 1 namely- Kanhaiya Soni has died while his confinement in jail. Therefore he wants to press this bail application only for applicant no. 2, 3 and 4. With respect to the applicant no. 2, 3 and 4 is concerned, he stated that the applicants are innocent and they have been roped in the offence due to enmity/old dispute and FIR was lodged on the side of the applicants and the police has got the matter compromised between the parties but inspite of that a closure report was filed on the basis of the complaint and on the other hand final report has been filed against the complainant party. He also submits that the applicant No. 2 and 3 has only 01-01 criminal antecedent pending against them and applicant No. 04 has no criminal antecedents. He further submits that the applicants are in jail since 19.03.2025. There is likely to be delay in the trial and hence prays for enlarging the applicant No. 2, 3 and 4 on bail. 4. Learned counsel for the State submits that as per the afÏdavit filed by the SHO, Masturi, District- Bilaspur, Chhattisgarh the applicant no. 1 namely- Kanhaiya Soni, S/o Narayan Soni, aged about 20 3 years the cause of his death is not yet been ascertained, as the same would be ascertained after receiving of the chemical histopathology analysis report. He submits that the applicant No. 01 who has already been died along with applicant Nos. 2, 3 and 4, have assaulted the complainant, in which one got injured and sustained grievous injuries. Further, the applicant Nos. 2 and 3 have previous criminal antecedents, therefore, the applicant Nos. 2, 3 and 4 are not entitled to grant of regular bail. 5. 6. I have heard learned counsel for the parties and perused the case diary. In view of the submission made by the learned counsel for the applicants, the present bail application with regard to applicant no. 1 Kanhaiya Soni is dismissed as infructuous. 7. Taking into consideration the facts and circumstances of the case, the applicants lodged an FIR against the complainant and police got the matter compromised between the parties, but inspite of the compromise a closure report was filed on the basis of the complaint and on the other hand final report has been filed against the complainant party, so far as the present case is concerned the applicants assaulted, in which one got injured, considering the nature of injury sustained by the injured particularly with regard to applicant no. 2, 3 and 4, the applicants have assaulted, in which one sustained grievous injury but not life threatening, moreover, the charge-sheet has already been submitted in the present case before the competent Court in the present case and the applicants are in jail since 19.03.2025, conclusion of the trial may take some 4 time, therefore, this Court is of the view that the present applicants No. 2, 3 and 4 are entitled to be released on bail in this case. 8. Let the Applicants –Nanka Soni, Narayan Soni and Bhusan Soni , involved in Crime No. 433/2024 registered at Police Station Masturi, District Bilaspur (C.G.), for the offences punishable under Sections 296, 115(2), 351(2), 333, 3(5) and 117(2) of BNS, be released on bail on their furnishing 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 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 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 5 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 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. 9. Office 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 alfiza