Shivnagari Milgaon Ranala Nagpur District Nagpur, Maharashtra v. State Of Chhattisgarh Through P.S. Salhewara, District
Case Details
1 2025:CGHC:23885 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4262 of 2025 Faijal Hasan (Correct Name Faizul Hassan Ahmed) S/o Mohammed Ahmed Aged About 45 Years R/o House No. 07 B Kamthi Road Village Panchayat Jabal Shivnagari Milgaon Ranala Nagpur District Nagpur, Maharashtra. ... Applicant versus State Of Chhattisgarh Through P.S. Salhewara, District – K.C.G., Chhattisgarh. ---- Non-applicant For Applicant
Legal Reasoning
there is no prima facie evidence to show the involvement of the applicant in the incident, further when the incident was taken place the applicant was not present there, charge-sheet has been filed against the applicant, the applicant is in jail since 20.05.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Faijal Hasan (Correct Name Faizul Hassan Ahmed), involved in Crime No. 31/2024, registered at Police Station – Salhewara, District – K.C.G. (C.G.) for the offence punishable under Sections 281, 221, 132, 324(4), 49, 61(2), 111(2) and 3(8) of the BNS and Section 3 of Prevention of Damages to Public Property Act, 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 4 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 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 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. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar
Arguments
: Mr. Tarendra Kumar Jha, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 13.06.2025 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. 31/2024, registered at Police Station – Salhewara, District – K.C.G. (C.G.) for the offence punishable under Sections 281, 221, 132, 324(4), 49, 61(2), 111(2) and 3(8) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 3 of Prevention of Damages to Public Property Act. 2. The case of the prosecution, is that on 09.11.2024 at 5.00 PM Assistant Ranger Salhewara made a written complaint to the Police that when he 2 was in the night duty on 07.11.2024, the peons namely Paltan Ram and Pancham Singh Maravi informed him on mobile that, the driver of suspected truck bearing registratoin No. CG-22-C-9977 broke the barrier by rashly and negligently driving the vehicle and also tried to run over the staff posted at Government barrier, on this complaint was registered and statement of witnesses and accused Rakesh Jaiswal was taken into custody and his memorandum statement was recorded, as per the memorandum statement of the accused Rakesh Jaiswal the involvement of the applicant was found, therefore, the present applicant was arrested. Hence, this 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 prima facie evidence to show the involvement of the applicant in the incident, further when the incident was taken place the applicant was not present there. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 20.05.2025 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 bail application and submits that the charge-sheet has been filed in this case. It is further submitted that on 09.11.2024 at 5.00 PM Assistant Ranger Salhewara made a written complaint to the Police that when he was in the night duty on 07.11.2024, the peons namely Paltan Ram and Pancham Singh Maravi informed him on mobile that, the driver of suspected truck bearing registratoin No. CG-22-C-9977 broke the barrier by rashly and negligently driving the vehicle and also tried to run over the staff posted at Government barrier, on this complaint was registered and 3 statement of witnesses and accused Rakesh Jaiswal was taken into custody and his memorandum statement was recorded, as per the memorandum statement of the accused Rakesh Jaiswal the involvement of the applicant was found, therefore, the present applicant was arrested, therefore, he 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