Bilaigarh (C.G.) v. State of Chhattisgarh Through Station House Of
Case Details
1 2025:CGHC:22132 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3793 of 2025 Mahendra Kumar Patel S/o Ashok Patel Aged About 28 Years R/o. Dayalpur, Police Station And Tehsil Saliha, District Sarangarh-Bilaigarh (C.G.) ... Applicant(s) versus State of Chhattisgarh Through Station House OfÏcer, Police Station Civil Line, District Bilaspur (C.G) ...Non-applicant(s) For Applicant
Legal Reasoning
by this Court in MCRC Nos. 2733 of 2025, 2833 of 2025 and 3423 of 2025 vide orders dated 21.04.2025 and 02.05.2025. Also considering the fact that the charge-sheet has already been submitted in the present case before the competent Court and the applicant is in jail since 12.01.2025 and the conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 4 7. Let the Applicant – Mahendra Kumar Patel, involved in Crime No. 44/2025 registered at Police Station Civil Line, District Bilaspur (C.G.), for the offences punishable under Sections 305(ड), 331(3), 3(5) and 3(6) of the BNS, be released on bail on his furnishing 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 sufÏcient cause, the trial court may proceed against him under Section 269 of the Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of the 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, 5 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 the 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. - Brijmohan Sd/- (Ramesh Sinha) Chief Justice
Arguments
: Mr. Sumit Singh Rathore, Advocate. For Non-applicant/State : Mr. Pramod Shrivastava, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.05.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 44/2025 registered at Police Station Civil Line, District Bilaspur (C.G.), for the offences punishable under Sections 305(ड), 331(3), 3(5) and 3(6) of the Bharatiya Nyaya Sanhita (for short ‘BNS’). BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.05.20 17:45:58 +0530 2. The case of the prosecution, is that on 11.01.2025, the complainant, 2 namely, Ashish Pankaj Kumar lodged complaint before the police station Civil Line alleging that today at 01:00 P.M., the applicant went to the SBI ATM machine which is situated at Bapji Park, Commercial Complex for withdrawal of money where he inserted the card in the ATM machine and after completing the process, he received the receipt of withdrawal of Rs. 9500/-, but no money came out. Subsequently he looking into the shutter box of the ATM machine, he saw a white and blue strip on the cash withdrawal shutter box. Thereafter, he called the helpline No. 112 and ATM Toll free number and informed the same to them. On the information, the crime was registered and investigation was taken up and during the investigation memorandum statement of the applicant and other co- accused were recorded and based on their statement the police recovered Rs. 7500/- from each accused persons, and subsequently they have been arrested for the above-mentioned crime. Hence, the bail 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 and the co-accused persons, namely, Yogesh Patel, Sheikh Saddam and Kaljeet Singh have already been granted regular bail by this Court in MCRC Nos. 2733 of 2025, 2833 of 2025 and 3423 of 2025 vide orders dated 21.04.2025 and 02.05.2025. Therefore, he submits that the present applicant is also 3 entitled to be released on regular bail on the ground of parity. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has already been submitted in the present case before the competent Court. He further submits that the applicant has two criminal antecedents, to which learned counsel for the applicant submits that in Crime No. 165 of 2021 registered before the Police Station Sadar, District Bolangir (Odisha), the case is pending for appearance before the Court and in Crime No. 192 of 2021 registered before the Police Station Sankara, District Mahasamund (C.G.), the case was earlier listed for prosecution evidence and presently the case is pending for appearance. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the co-accused persons, namely, Yogesh Patel, Sheikh Saddam and Kaljeet Singh have already been granted regular bail