1 - Shahzad Khan Alias Chhotu S/o Banne Khan Aged About 20 Years R/o v. State Of Chhattisgarh Through Police Station Sarkanda Bilaspur
Case Details
KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 1 2025:CGHC:20286 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3409 of 2025 1 - Shahzad Khan Alias Chhotu S/o Banne Khan Aged About 20 Years R/o Murum Khadaran, Ashok Nagar Sarkanda, P.S. Sarkanda, District Bilaspur (C.G.) 2 - Khizaam Khan S/o Saddam Khan Aged About 19 Years R/o Murum Khadaran, Ashok Nagar Sarkanda, P.S. Sarkanda, District Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Sarkanda Bilaspur (C.G.) ... Non-Applicant(s) For Applicants
Legal Reasoning
: Mr. Praveen Tulsyan, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/05/2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 195/2025 registered at Police Station- Sarkanda, District –Bilaspur (C.G.), for the offence punishable under Sections 109, 190, 191(2), 191(3) of B.N.S. and under Section 25 and 27 of Arms Act. 2 2. Case of the prosecution, in brief, is that the complainant namely- Omprakash Manikpuri has lodged the F.I.R. before the concerned police station against the co-accused persons namely Munnu Khan, Rinku Khan, Akhbar Khan and Asraf Khan and alleged therein that they have assaulted Shravan Sahu with knife due to old rivalry between them and while the complainant had intervened, they have also stabbed him with knife and caused serious injuries. Upon such act of the accused persons, police have arrested the co-accused persons and on the basis of their memorandum statements, arrested the present applicants and filed the charge sheet before the competent Court. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. He further submits that admittedly as per the prosecution case, the applicants along with co-accused persons had gone for attending Chhati ceremony, wherein some altercation took place, due to old rivalry between the Shrawan Sahu and the co-accused namely Munnu, Ruknu, Akbar, Asraf, Bouna @ Salman, Khijam, and thereafter the co-accused namely Munnu Khan, was stabbed injuries to the injured on account of which, the injured received grievous injuries and the present applicants are assaulted the injured by hands and fists. He further submits that the main allegation levelled against the co-accused namely Munnu Khan, who is said to have stabbed injury further nothing has been seized from the possession of the present applicants, the seizure of knifes and baseball sticks have been made from the co-accused persons. He also submits that the name 3 of the present applicants have not been named in the F.I.R. they have been made an accused on the basis of 161 of Cr.P.C. statement of the eye witnesses who had also stated that they had not assaulted the injured/victim and as per the medical report there is no any serious injuries caused upon the victim and in the present case charge-sheet has been filed before the competent Court and the applicant is in jail since 03.02.2025, the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 4. Learned counsel for the State/non-applicant opposes the bail application and submits that the the allegation levelled against the applicants are that they have assaulted the injured persons by hands and fists and one of the co-accused person namely Munnu Khan, who is the main accused, has assaulted the injured by knife, on account of which, the injured received grievous injuries as such, the presents applicants are 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 allegation levelled against the applicants and the fact that the applicants along with co-accused persons had gone for attending Chhati ceremony, wherein some altercation took place, due to old rivalry between the Shrawan Sahu and the co-accused namely Munnu, Ruknu, Akbar, Asraf, Bouna @ Salman, Khizaam, and thereafter one of the co-accused namely Munnu Khan, was stabbed injuries to the injured on account of which, the injured 4 received grievous injuries and the present applicants are assaulted the injured by hands and fists, moreover the present applicants have not named in the F.I.R. they have made accused only on the basis of 161 of Cr.P.C. statement of the eye witnesses who had also stated that they had not assaulted the injured/victim further the case of the applicant is better than the case of the co-accused and in the present case charge-sheet has been filed before the competent Court and they are in jail since 03.02.2025, the conclusion of the trial may take some more time, this Court is of the considered view that the applicants are entitled to be released on bail in this case. 7. Let the applicants- Shahzad Khan Alias Chhotu and Khizaam Khan, involved in Crime No. 195/2025 registered at Police Station- Sarkanda, District –Bilaspur (C.G.), for the offence punishable under Sections 109, 190, 191(2), 191(3) of B.N.S. and under Section 25 and 27 of Arms Act, be released on bail on their furnishing a 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 5 their counsel. In case of their absence, without sufÏcient 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. 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 are deliberated 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 them 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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice Kunal