Sarguja Chhattisgarh v. State of Chhattisgarh Through The Station House Of
Case Details
1 2025:CGHC:23573 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4390 of 2025 Shanti @ Shanti Singh W/o Shri Ashok @ Ashok Singh Aged About 45 Years R/o Near Shiv Mandir, Gandhinagar, Police Station - Gandhinagar Ambikapur, District - Sarguja Chhattisgarh ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Gandhinagar, District - Sarguja Chhattisgarh ... Non-applicant For Applicant
Legal Reasoning
: Mr. Rishi Rahul Soni, Advocate. For Non-applicant/State : Mr. Vedant Shadangi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.06.2025 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 applicant who has been arrested in connection with Crime No. 219/2025 registered at Police Station – Gandhinagar, District Sarguja (C.G.) offence under Sections 331(4), 305(a), 112, 61(2), 3(5) of the Bhartiya Nyay Sanhita, 2023 and Section 25 of the Arms Act. 2. The prosecution's case, in brief, is that on 01.04.2025, at 3:30 PM, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.06.14 12:08:39 +0530 2 the complainant, Ashish Nishchal Tirkey, along with his family, had gone to his in-laws' house in Bataikela, Sitapur. On 02.04.2025, the complainant's mother returned from Korba and informed him about a theft committed at his house. Upon returning home, the complainant found that one gold earring, one locket, two gold rings, three anklets, two toe rings, one AK-47 rifle, 90 live bullets, two car keys, and one mobile phone had been stolen by an unknown person. During the investigation, it was discovered that co-accused Sagar Singh Chouhan, along with co-accused Ankit Gupta and Prahlad Vasudev, had committed the theft and handed over the stolen items to the applicant (accused) Shanti Singh. Based on these facts and circumstances, a crime has been registered against the accused persons, including the applicant, for offences punishable under Sections 331(4), 305(a), 112, 61(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 25 of the Arms Act, 1959. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that there is one day delay in lodging the FIR and furthermore no reasonable explanation has been given for delay in lodging the FIR and as such the case of the prosecution is doubtful. He also submits that in the present case, gold and silver ornaments were seized, and based on the same seizure, two more cases were registered against the applicant. One of these cases is also listed before this Court for hearing today. Apart from these cases, the applicant has no other criminal antecedents. He further submits that the applicant has 3 been in jail since 04.04.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He submits that the present applicant has 02 more criminal antecedents of the similar nature which shows that the applicant is a habitual offender, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case as from the present applicant gold and silver ornaments were seized, and based on the same seizure, two more cases were registered against the applicant, one of these cases is also listed before this Court for hearing today, apart from these cases, the applicant has no other criminal antecedents, moreover, the fact that in the present bail application the charge-sheet has been filed before the competent Court and the present applicant has been in jail since 04.04.2025, conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Shanti @ Shanti Singh, involved in Crime No. 219/2025 registered at Police Station – Gandhinagar, District Sarguja (C.G.) offence under Sections 331(4), 305(a), 112, 61(2), 3(5) of the Bhartiya Nyay Sanhita, 2023 and Section 25 of the Arms 4 Act, be released on bail on her 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 she 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 her counsel. In case of her absence, without sufÏcient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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 5 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 her 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