Samoli, Police Station Kursela, District Katihar, Bihar v. State Of Chhattisgarh Through Station House Officer, Police Stati
Case Details
1 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.29 19:04:01 +0530 2025:CGHC:19068 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3257 of 2025 Mukesh Bhagat S/o Ramavtar Bhagat Aged About 42 Years R/o Village Samoli, Police Station Kursela, District Katihar, Bihar ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Khamtarai, Raipur, District Raipur, Chhattisgarh. ... Respondent For Applicant
Legal Reasoning
: Shri Ali Afzaal Mirza, Advocate. For : Shri Sakib Ahmed, PL. Respondent/State Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/04/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.94/2025 registered at Police Station Khamtarai Raipur, District - Raipur (CG) for the offence punishable under Sections 318(4), 331(3), 308(5), 3(5) of BNS 2023. 2. Case of the prosecution, is that on 08.02.2025 at around 11:00 A.M., 2 the complainant was inside her home, when two persons entered the house by pushing the slide gate. The husband of the complainant was sitting in the front, and the accused persons sat at the front of the bed, thereafter they said that they have brought a powder for cleaning tiles, copper, brass and other utensils and they have come from Gujarat. The complainant first gave them a copper pot, which they cleaned. Thereafter, the accused persons said that they will clean Gold and Silver ornaments as well, and they will shine. Then the accused persons asked for the toe ring of the complainant, to which the complainant said that it will not come off. The accused persons applied a red powder on her neck and hands, on the mangalsutra which has an imprint of Goddess Lakshmi ji, and two pair of bracelets on the hands of the complainant and three rings on which one white pearl is attached, in one stone is removed and one is a design ring. That, due to the powder the neck and hands of the complainant started burning, and the accused persons said that she should remove the jewelry quickly, the complainant removed the jewelry quickly as advised by the accused persons, then one accused persons took out a stone and submerged it in a utensil filled with water along with the other jewelry items, and in one pot which had gold items along with a powder with white polythene, the accused persons told the complainant after he put a stapler on the pot, to open the pot after 10 minutes and her gold jeweler which shine, and then the accused persons left the house of the complainant, when the husband of the complainant saw the polythene he saw that it had plastic bangles, and when the complainant came out she saw that 5-6 persons were fleeing away from her house on motorcycles. The accused persons have cheated the complainant and have taken her mangalsutra, two pair designer- bangles, 3 rings weighing about 8-9 tola, amounting to Rs. 7,00,000/- on the pretext of cleaning her jewelry. On the basis of the report made by the complainant police station Khamtarai registered an offence against the present applicant for the offence U/s 318(4), 331(3), 308(5), 3(5) of BNS 2023 under the crime no. 94/2025 and took the matter under investigation. 3. Learned counsel for the applicant submits that the applicant is innocent 3 and he has been falsely implicated in the present case. He would submit that during the investigation the investigating officer has presented a pen drive along with the charge sheet wherein the co- accused persons are seen entering the house of the complainant and even exiting after sometime. The aforesaid pen drive contain CCTV Footage of the house of the complainant and in that footage the present applicant can nowhere be found. He would submit that the applicant is nowhere related to the other accused persons and as per the footage of the CCTV no nexus can be established of the crime with the applicant, there is no criminal antecedent against the present applicant, charge sheet is filed, applicant is in jail since 09/02/2025, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that charge sheet has been filed in the present case. He would submit that there are total six accused persons in this case. He would submit that from the present applicant two gold bangles (kanghan) has been recovered and there is no previous criminal antecedent against the present applicant and there is criminal antecedents of the other accused persons. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, considering the fact that from the present applicant two gold bangles (kanghan) has been recovered, there is no previous criminal antecedent against the present applicant, case of the applicant is distinguishable from the case of other co-accused who 4 have criminal antecedents, charge sheet has been filed, period of detention of the applicant since 09/02/2025 and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Mukesh Bhagat, involved in Crime No.94/2025 registered at Police Station Khamtarai Raipur, District -Raipur (CG) for the offence punishable under Sections 318(4), 331(3), 308(5), 3(5) of BNS 2023, 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. (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 sufficient 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. 5 (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 sufficient 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. 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