Rajendra Nagar, Raipur, District Raipur (C.G.) v. State of Chhattisgarh Through Station House Of
Case Details
1 2025:CGHC:23574 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4389 of 2025 1. Ganesh Bagh S/o Lachchhu Ram Bagh Aged About 20 Years R/o Shahid Rajiv Pandey Nagar, New Rajendra Nagar, Raipur, District Raipur (C.G.) 2. Lala Besra S/o Late Jhoto Mono Besra Aged About 24 Years R/o Shahid Rajiv Pandey Nagar, New Rajendra Nagar, Raipur, District Raipur (C.G.) 3. Bhola Jagat @ Amit Jagat S/o Sanjay Jagat Aged About 19 Years R/o Shahid Rajiv Pandey Nagar, New Rajendra Nagar, Raipur, District Raipur (C.G.) ... Applicants versus State of Chhattisgarh Through Station House OfÏcer Police Station Rajendra Nagar, District Raipur (C.G.) ... Non-applicant For Applicants
Legal Reasoning
: Mr. C.R. Sahu, Advocate. For Non-applicant/State : Mr. Vedant Shadangi, Panel Lawyer. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.06.14 12:08:40 +0530 12.06.2025 Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 37/2025 registered at Police Station : Rajendra Nagar, District – 2 Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 109, 191(2), 191(3) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case, in brief, is that the complainant lodged a report at Rajendra Nagar Police Station, District Raipur. It is alleged that the applicants, along with other accused, jointly committed an assault on the complainant using wooden sticks (bats) and plastic stumps. Thereafter, the complainant/victim was admitted to various hospitals for better treatment, and the relevant medical documents have been enclosed. Based on the complainant's report, the police station investigated the matter and registered a crime for offences under Sections 296, 351(2), 109, 191(2), and 191(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, initially against unknown persons. After completing the investigation, the police arrested the present applicants based on their memorandum statements. 3. Learned counsel for the applicants submits that the present applicants are innocent person and have been falsely implicated in the present case. He submits that only on the basis of the memorandum statement of the accused persons, the applicants have involved as accused in connection of crime based upon the false and baseless allegation. He also submits that the concerned police station, Rajendra Nagar, Raipur, has registered the counter case vide Crime No. 36/2025 on 15.02.2025, copy of the same has also been annexed as Annexure A/2 with the present bail application. He also submits that the applicants have no criminal 3 antecedents and they are in jail since 20.02.2025, conclusion of the trial may take sometime, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned counsel State counsel opposes the bail application of the present applicants and submits that the charge- sheet has not been submitted before the competent Court. He also submits that the present applicants along with the other co-accused persons have committed marpeet with the help of the stick and plastic stump upon the complainant, due to which he suffered grievous injuries, therefore, they are not entitled for grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that there is cross reports of the incidents and from perusal of the medical report of the injured, there is no opinion found regarding the nature of injury, moreover, the charge-sheet has already been submitted before the competent Court in the present case, the applicants have no criminal antecedents and they are in jail since 20.02.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicants are entitled to be released on bail in this case. 7. Let the applicants – Ganesh Bagh, Lala Besra and Bhola Jagat 4 @ Amit Jagat involved in Crime No. 37/2025 registered at Police Station : Rajendra Nagar, District – Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 109, 191(2), 191(3) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on 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 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 court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail 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, 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 BNSS. If in the opinion of the trial court absence of the applicants are 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 them 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. - Abhishek Sd/- (Ramesh Sinha) Chief Justice