Raj Manikpuri @ Raja @Kaushal Das Manikpui S/o Sagar Das Manikpuri Aged About 19 v. State Of Chhattisgarh Through P.S. Supela, District – Durg, Chhattisgarh. ---- Non
Case Details
1 2025:CGHC:18897 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3203 of 2025 Raj Manikpuri @ Raja @Kaushal Das Manikpui S/o Sagar Das Manikpuri Aged About 19 Years R/o Gaya Nagar, Next To Bhagwat Deshmukh House, P.S. Kotwali, Distt. Durg, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through P.S. Supela, District – Durg, Chhattisgarh. ---- Non-applicant For Applicant For Non-applicant/State : :
Legal Reasoning
Mr. Sudhanshu Kumar Singh, Advocate. Ms. Ankita Shukla, Panel Lawyer. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 25.04.2025 Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 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 No. 852/2024, registered at Police Station – Supela, District – Durg (C.G.) for the offence punishable under Sections 109 and 112 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that on 05.08.2024, the Police of Police Station concerned received information via telephone that complaint Umesh Kumar Verma was attacked by unknown individuals near Monu 2 cloth store, Ganesh Market, Supela, and Umesh sustained serious injuries and was admitted to the Shankara Hospital, Junwani, for the treatment, and upon reaching the scene, the crime was registered against the unknown persons. 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 is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. It is further submitted that the main accused person is Shailesh Sinha who was arrested and his bail application has also been rejected by this Court vide order dated 15.04.2025 passed in MCRC No. 1156 of 2025, and the bail application of the co-accused person, namely, Ashwani Verma @ Anshu is allowed by this Court vide order dated 27.01.2025 passed in MCRC No. 673 of 2025, further the injuries sustained to the injured are simple in nature and the applicant is not named in the FIR. The applicant is in jail since 01.09.2024 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 application and submits that on 05.08.2024, the Police of Police Station concerned received information via telephone that complaint Umesh Kumar Verma was attacked by unknown individuals near Monu cloth store, Ganesh Market, Supela, and Umesh sustained serious injuries and was admitted to the Shankara Hospital, Junwani, for the treatment, and upon reaching the scene, the crime was registered against the unknown persons, further the main accused person is Shailesh Sinha who was arrested and his bail application has also been rejected by this Court vide order dated 15.04.2025 passed in MCRC No. 1156 of 2025, 3 therefore, he is not entitled for grant of bail. 5. 6. 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 is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant and the main accused person is Shailesh Sinha who was arrested and his bail application has also been rejected by this Court vide order dated 15.04.2025 passed in MCRC No. 1156 of 2025, and the bail application of the co-accused person, namely, Ashwani Verma @ Anshu is allowed by this Court vide order dated 27.01.2025 passed in MCRC No. 673 of 2025, further the injuries sustained to the injured are simple in nature and the applicant is not named in the FIR, the applicant is in jail since 01.09.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Raj Manikpuri @ Raja @Kaushal Das Manikpui, involved in Crime No. 852/2024, registered at Police Station – Supela, District – Durg (C.G.) for the offence punishable under Sections 109 and 112 of the BNS, be released on bail on his furnishing a personal bond with two sureties in the like sum to the 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. 4 (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