Nafr High Court
Case Details
1 2025:CGHC:31676 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4109 of 2025 Ranjan Kumar @ Avdesh Kumar Yadav S/o Sahbir Yadav Aged About 20 Years R/o Village - Mayapur, Police Station - Nawadih Bazaar, District - Palamu (Jharkhand) versus ... Applicant State Of Chhattisgarh Through - Station House Officer, Police Station - Gharghoda, District – Raigarh (C.G.) ---- Non-applicant For Applicant For Non-applicant/State : :
Legal Reasoning
Mr. Devesh Chandra Verma, Advocate. Mr. Malay Jain, Panel Lawyer. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.09 19:49:00 +0530 09.07 .202 5 Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 86/2025, registered at Police Station – Gharghoda, District – Raigarh (C.G.) for the offence punishable under Sections 319(2), 318(4), 336(3), 338, 340(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that one complainant Rajesh Kapoor has lodged a complaint on 15.04.2025 before the Police Station Gharghoda 2 that on dated 15.04.2025 owner of the company Subhash Singh has informed him that his vehicle trailer bearing registration No. CG. 13- Y-7136 which has been parked at Chhal Varai camp but location of the same vehicle is showing at coal mines of SECL which should not be. On the aforesaid information he has contacted with one Premkishore Mishra who is a D.O. Lifter, then he came to know that one trailer bearing registration No.CG. 13-Y-7136 has entered in Barod Mines of SECL for coal loading purpose at 11.56 a.m. On enquiry they came to know that questioned vehicle has entered in the mines by using fake and forged number plate of original vehicle then they have informed the Sub Area Manager of Barod mines and Nodal Officer and to dispatch section and have request them to withheld the vehicle inside the mines itself. Two persons were found sitting in the vehicle namely Driver Avdhesh Kumar Yadav and sitting by a side was namely Amrit Kumar Yadav. That, with the purpose of cheating and forgery and with the help of others to get the illegal benefit by using forged and fabricated documents, have entered the aforesaid mines. On the basis of aforesaid complaint both the two accused Avdhesh Kumar Yadav and Amrit Kumar Yadav have been caught on 15.04.2025 by said Premkishore Mishra and handed over to the SECL Management with vehicle and forged number plate CG 13- Y-7136 and have approached the concerned police station. On the basis of aforesaid complaint, P.S. Gharghoda has registered a Criminal case vide in Crime No. 86/2025 for an offence u/s 319(2), 318(4), 336(3), 338, 340(2), 3(5) of Bhartiya Nyay Sanhita 2023, the matter is under investigation. 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 3 submitted that the charge-sheet has not been filed in this case. The applicant is in jail since 16.04.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the submissions raised by the counsel for the applicant, as well as the instant bail application and submits that the applicant is not entitled for grant of bail. 5. 6. I have heard learned counsel for the parties and perused all of the documents available on record. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that though the charge-sheet has not been filed in the present case, but there is no any criminal antecedents registered against the present applicant, the applicant is in jail since 16.04.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Ranjan Kumar @ Avdesh Kumar Yadav, involved in Crime No. 86/2025, registered at Police Station – Gharghoda, District – Raigarh (C.G.) for the offence punishable under Sections 319(2), 318(4), 336(3), 338, 340(2) and 3(5) of the BNS, 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:- (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 4 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. (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. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of passing of this order, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti