Nafr High Court
Case Details
1 2025:CGHC:25955 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3544 of 2025 Sewak Ram Yadav S/o Rikhiram Yadav Aged About 50 Years R/o Mahulpara, Village Syahidongri, Gram Panchayat And Post Mudgelmal, Police Station- Amlipadar, District Gariyaband, Chhattisgarh. --- Applicant versus State of Chhattisgarh Through Police Station- Amlipadar, District Gariyaband, Chhattisgarh. --- Non-Applicant MCRC No. 3732 of 2025 1. Meghnath Yadav S/o Chitmal Yadav Aged About 24 Years R/o Mahulpara Villege Syahidongri Gram Panchayat And Post Mudgelmal Police Station Amlipadar District - Gariyaband (C.G.) 2. Dileshwar Yadav S/o Jaymal Yadav Aged About 26 Years R/o Mahulpara Village Syahidongri Gram Panchayat And Post Mudgelmal Police Station Amlipadar District- Gariyaband (C.G.) 3. Chuleswar Yadav S/o Sewak Ram Aged About 22 Years R/o Mahulpara Village Syahidongri Gram Panchayat And Post Mudgelmal Police Station Amlipadar District- Gariyaband (C.G.) 4. Chaymani Yadav W/o Jaymal Yadav Aged About 50 Years R/o Mahulpara Village Syahidongri Gram Panchayat And Post Mudgelmal Police Station Amlipadar District- Gariyaband (C.G.) PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.06.20 10:52:48 +0530 2 5. Gaumani Yadav W/o Chitmal Yadav Aged About 48 Years R/o Mahulpara Village Syahidongri Gram Panchayat And Post Mudgelmal Police Station Amlipadar District- Gariyaband (C.G.) 6. Khamay Bai Yadav W/o Khemram Aged About 35 Years R/o Mahulpara Village Syahidongri Gram Panchayat And Post Mudgelmal Police Station Amlipadar District- Gariyaband (C.G.) ---Applicants Versus State Of Chhattisgarh Through Police Station Amlipadar District - Gariyaband (C.G.) --- Non-Applicant For Applicants
Legal Reasoning
: Mr. Mohammad Afroz Athar, Advocate. For Non-Applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/06/2025 1. Since the above-mentioned two bail applications arise out of same crime
Decision
number, they are clubbed and heard together and are being disposed of by this common order. 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 has been arrested in connection with Crime No. 39/2025 registered at Police Station Amlipadar District - Gariyaband (C.G.) for the offence punishable under Sections 121(1), 126(2), 132, 191(2), 221, 296, 351(2) of Bharatiya Nyaya Sanhita, 2023. 3. Case of the prosecution, in brief, is that the complainant, Ramrao Solanke who is a process server, in District and Additional Sessions Court, Gariyaband that when the complainant was trying to obtain possession of the suit-land from the judgment debtor so that the 3 possession could be provided to the decree holder as per the warrant of the Court, the other co-accused persons assaulted and caused injury upon the complainant and also abused the complainant with filthy language and thus, prevented the complainant from discharging his official duty. 4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. They further submitted that the applicant, namely, Sewak Ram Yadav was not present at the place of incident and has not been named in the FIR, but Police has arrested the applicant only because he was one of the judgment debtor in the civil mater. Further, the applicant, namely, Meghnath is deaf and dumb. He cannot abuse the complainant, nor can he intimidate the complainant. He later submits that the villagers have also complained against the complainant but no action has been taken against the complainant. Copy of the complaint is Annexure A/2. He also submits that the applicants have no previous criminal antecedents. The charge-sheet has been filed and the applicants have no criminal antecedents, they are said to be in jail since 25.04.2025. Thus, looking to the above, it is prayed that the applicants may be enlarged on bail. On the other hand, learned State counsel appearing for the respondent/State opposes the bail application. I have heard learned counsel appearing for the parties and perused the document available on record. Considering the facts and circumstances of the case, nature and gravity of the offence, allegations levelled against the applicants and the fact that the present applicants have no criminal antecedents, they are said to be in jail since 25.04.2025 and further the charge-sheet has been filed, this 5. 6. 7. 4 Court is of the view that the applicants are entitled to be released on bail in this case. 8. Accordingly, the bail application is allowed. Let the Applicants - Sewak Ram Yadav (MCRC No. 3544 of 2025) and Meghnath Yadav Dileshwar Yadav, Chuleswar Yadav, Chaymani Yadav, Gaumani Yadav and Khamay Bai Yadav (MCRC No.3732 of 2025) involved in Crime No. 39/2025 registered at Police Station Amlipadar District - Gariyaband (C.G.) for the offence punishable under Sections 121(1), 126(2), 132, 191(2), 221, 296, 351(2) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his 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 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 applicants 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 applicants 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 5 proclamation, then, the trial court shall initiate proceedings against him, 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 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. 9. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. - Preeti Sd/- (Ramesh Sinha) CHIEF JUSTICE