Nafr High Court
Case Details
1 / 4 2025:CGHC:28771 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4174 of 2025 1 - Rajesh Kotwani S/o Late Tahal Ram Kotwani Aged About 48 Years R/o Bilaspur, Police Station, Tehsil And District Bilaspur (C.G.) 2 - Sanjay Bhatt (Wrongly Typed As Bhatth) S/o H. S. Bhatt (Wrongly Typed As Bhatth) Aged About 53 Years R/o Akaltara, District Janjgir Champa (C.G.) versus ... Applicant(s) State Of Chhattisgarh Through Police Station Sargaon, District Mungeli (C.G.) ...Non-applicant For Applicants
Legal Reasoning
: Mr. Manoj Paranjpe, Advocate. For Non-Applicant/State : Mr. S.S. Bhagel, Panel Lawyer. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.28 17:56:41 +0530 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.06.2025 1. This is the first bail application under Section 482 of the Bhartiya Nagarik Sanhita, 2023 has been filed by the applicant, who have been apprehending his arrest in connection with Crime No. 195/2024 registered at Police Station Sargaon, District – Mungeli (C.G.) for the offence punishable under Section 108, & 3(5) of BNS 2023. 2. As per the case of the prosecution, that the F.I.R. of the incident was lodged on 11.12.2024 for the incident alleged to have been occurred on 26.11.2024. The F.I.R. of the incident was lodged inter alia on the allegations that, one Narendra Kumar Kaushik aged about 50 years, R/o. Arya Colony, Tifra committed suicide by consuming poison in his 2 / 4 Coal Depo. It has been alleged that, the deceased used to run the Coal Depo in the name and style of Amisha Traders and he was also engaged in the business of transportation and used to reside with his brother namely Chandra Prakash Kaushik. It has been further alleged that, he had executed the power of attorney in favor of Sanjay Bhatt and Rajesh Kotwani for running of the said depo along with Suraj Pradhan and Devendra Upweja (applicant herein). It has been further alleged that, without there being any information the coal amounting to Rs. 70 lacs and two loader (Vehicle) have been shifted from his coal depo and thereby the loss has been caused. That, on 26.11.2024 he has committed suicide in his coal depo by consuming poison and he has left one suicidal note. ANNEXURE A/2 is the Copy of the F.I.R.. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He submits that the applicant has not committed any offence and neither abated or instigated the deceased for commission of the offence. If, the entire case of the proseuction will be examined, in light of the suicidal note left by the deceased, it is quite apparent that no offence under Section 108 of BNS is made out and as per note the suicidal note, it appears that there was a business transaction and deceased used to run the coal depo and subsequently had executed the power of attorney in favor Sanjay Bhatt and Rajesh Kotwani as partners for running a coal depo and the applicant is in jail since 16.04.2025, Therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application of the applicants. 3 / 4 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, gravity of offence and looking to the fact that learned counsel for the applicants have stated that deceased was partner of the applicants therefore, there was money dispute between them and the amount of the applicants were standing on the deceased has come into light during the course of investigation, and thus, the deceased committed suicide, though one suicidal note was found but name of the applicants are not mentioned there, further the applicants are in jail since 16.04.2025, and the charge-sheet has also been filed therefore, I am of the opinion that the present applicants are entitled to be released on bail in this case. 7. Let applicant, Rajesh Kotwani & Sanjay Bhatt involved in Crime No. 195/2024 registered at Police Station Sargaon, District – Mungeli (C.G.) for the offence punishable under Section 108, & 3(5) of BNS 2023., be released on bail on his furnishing a personal bond with two local sureties each in the like amount 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 4 / 4 court on each date fixed, either personally or through his counsel. In case of their absence, without sufficient 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 fails 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 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 them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav