High Court of Chhattisgarh
Case Details
1 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.30 17:34:32 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR 2025:CGHC:19405 NAFR MCRC No. 2808 of 2025 Ashutosh Dubey S/o Nageshwar Dubey Aged About 26 Years R/o Ward No. 18, Parshuram Ward, Pamgarh, P.S. Pamgarh, District - Janjgir- Champa Chhattisgarh --- Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Lawan, District - Balodabazar-Bhatapara Chhattisgarh --- Respondent MCRC No. 2911 of 2025 Somu Sahu @ Khaghes S/o Surendra Sahu Aged About 19 Years R/o Village Korda, P.S. Lavan Balodabazar District Balodabazar Bhatapara Chhattisgarh. ---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station Lavan, District Balodabazar Bhatapara Chhattisgarh. --- Respondent 2 MCRC No. 2944 of 2025 Swaraj Kashyap @ Motu S/o Padumanlal Kashyap Aged About 32 Years R/o Chandipara Pamgarh P.S. Pamgarh District - Janjgir - Champa (C.G.) ---Applicant Versus State Of Chhattisgarh Through Station House Officer P.S. Lawan District - Balodabazar - Bhatapara (C.G.) --- Respondent MCRC No. 3002 of 2025 1 - S. Kumar Verma S/o Mulchand Verma Aged About 19 Years, 2 - Subham Verma S/o Harishankar Verma Aged About 19 Years, 3 - Neeraj Dhruw S/o Devsingh Verma Aged About 20 Years, 4 - Chandrashekhar @ Shekhar Verma S/o Derha Prasad Verma Aged About 18 Years, All are resident R/o Village Korda, P.S. Lawan, District Balodabazar- Bhatapara, Chhattisgarh. ---Applicants Versus State Of Chhattisgarh Through Station House Officer, Police Station Lawan, District Balodabazar-Bhatapara, Chhattisgarh. --- Respondent 3 For Applicants
Legal Reasoning
: Shri Atul Kumar Kesharwani, Shri Rahul Agrawal & Shri Ramsajiwan, Advocates. For : Shri U.K.S. Chandel, Dy.A.G. and Shri Sakib Respondent/State Ahmed, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/04/2025 1. All these four 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.478/2024 registered at Police Station Lawan, District- Balodabazar-Bhatapara (C.G.) for offence under Sections 331(4), 305, 3(5) & 112(2) of B.N.S. 3. Case of the prosecution, in brief, is that on 16.11.2024 an unknown FIR has been lodged by the complainant against unknown persons u/s 331(4) and 305 BNS subsequently present applicants have been arrested under charge u/s 331(4), 305, 3(5) & 112(2) of BNS. It has been further alleged by prosecution that the present applicants is alleged to have unlawfully broken the lock of the complainant's house, entered the premises, and stolen cash amounting to Rs. 50,000/- along with gold and silver jewelry and thus the present applicants have been prosecuted in the 4 present case. 4. Learned counsels appearing for the applicants would submit that the applicants have been falsely implicated in this case and they have been arrested only on the basis of suspicion without any cogent or direct evidence. They would submit that the applicants are in jail since 19/12/2024, 15/11/2024, 20/12/2024, & 18/01/2025 respectively, charge sheet has been filed in this case and conclusion of the trial is likely to take quite long time, therefore, they pray for grant of regular bail to the applicants. 5. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, submission of learned counsels for the parties, nature and gravity of offence, charge-sheet has been filed, applicants are in jail since 19/12/2024, 15/11/2024, 20/12/2024, & 18/01/2025 respectively and trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Let the applicant – Ashutosh Dubey in MCRC No. 2808 of 2025, 5 applicant Somu Sahu @ Khaghes in MCRC No. 2911 of 2025, applicant Swaraj Kashyap @ Motu in MCRC No. 2944 of 2025 and applicant No.1 S. Kumar Verma, applicant No.2 Subham Verma, applicant No.3 Neeraj Dhruw and applicant No.4 Chandrashekhar @ Shekhar Verma in MCRC No. 3002 of 2025 involved in Crime No.478/2024 registered at Police Station Lawan, District- Balodabazar-Bhatapara (C.G.) for offence under Sections 331(4), 305, 3(5) & 112(2) of B.N.S. be released on bail on each of them furnishing personal bond with two 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. 6 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 is 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. - gouri Sd/- Sd/- (Ramesh Sinha) Chief Justice