P.S. Kotwali, Tahsil And District Balaghat (M.P.) v. State Of Chhattisgarh Through Station House Officer Kotwali, Jagda
Case Details
1 2025:CGHC:20001 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3318 of 2025 Aryan Yadav S/o Sagar Yadav Aged About 20 Years R/o Indira Nagar, Ward No. 24, P.S. Kotwali, Tahsil And District Balaghat (M.P.). ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Kotwali, Jagdalpur, District Bastar Chhattisgarh. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN ... Respondent(s) For Applicant(s) :
Legal Reasoning
Mr. Siddharth Rathod, Advocate. For Respondent(s) : Mr. U.K.S. Chandel, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/05/2025 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. 490/2024 registered at Police Station Kotwali, Jagdalpur, District Bastar (C.G.) for the offence punishable under Sections 303(2), 318(4) of Bharatiya Nyaya Sanhita (for short ‘BNS’) and Section 66 and 66C of Information Technology Act. 2. Case of the prosecution, in brief, is that the complainant, Rajesh Sao, lodged a report alleging therein that on October 12, 2024, at 9 P.M., his mobile phone (Oppo A53 with BSNL SIM) was stolen 2 while he was standing in front of Om Jwellers at Sanjay Market, Jagdalpur. When the SIM was restarted on October 16, 2024, he received a message about unauthorized withdrawals totaling Rs. 99,900 (Rs. 5,000 + Rs. 18,400 + Rs. 10,200 + Rs. 30,600 + Rs. 15,300 + Rs. 20,400) from his savings account. On the basis of that an FIR was lodged against unknown persons. Subsequently, the applicant was arrested, and after investigation, a charge sheet was filed under sections 303(2) and 318(4) of the Bharatiya Nyaya Sanhita and sections 66 and 66C of the Information Technology Act. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that one of the identically situated co-accused, namely, Abhay Bagde has already been granted bail by this Court vide order dated 15.04.2025, in MCRC No.1815 of 2025. The applicant is in jail since 09.12.2024, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. 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 the charge-sheet has been filed in the present case. He further submits that it has been alleged that the applicant in connivance with other co-accused persons fraudulently withdrawals totaling Rs. 99,900 (Rs. 5,000 + Rs. 18,400 + Rs. 10,200 + Rs. 30,600 + Rs. 15,300 + Rs. 20,400) from complainant’s savings account by using his SIM, which was stolen 3 while he was standing in front of Om Jwellers at Sanjay Market, Jagdalpur, therefore, he is not entitled for grant of bail. 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, period of detention of the applicant since 09.12.2024, the fact that thought it is alleged that the applicant in connivance with other co-accused persons fraudulently withdrawals totaling Rs. 99,900 from complainant’s savings account by using his SIM, which was stolen while he was standing in front of Om Jwellers at Sanjay Market, Jagdalpur, but co- accused, namely, Abhay Bagde, who has no criminal antecedent in the State of Chhattisgarh has already been granted bail by this Court vide order dated 15.04.2025, in MCRC No.1815 of 2025 and the applicant also has no criminal antecedent in the State of Chhattisgarh, as such, the case of present applicant is identical to that of the said co-accused, further charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Aryan Yadav, involved in Crime No. 490/2024 registered at Police Station Kotwali, Jagdalpur, District Bastar (C.G.) for the offence punishable under Sections 303(2), 318(4) of Bharatiya Nyaya Sanhita (for short ‘BNS’) and Section 66 and 66C of Information Technology Act, be released on bail on his furnishing a personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 (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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil