39602 NAFR Chandra Pratap Mahajan S/o Anil Mahajan Aged About 26 Years R/o Village v. State Of Chhattisgarh Through Station House Officer, Police Station- Kota District- Bilaspur
Case Details
1 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5026 of 2025 2025:CGHC:39602 NAFR Chandra Pratap Mahajan S/o Anil Mahajan Aged About 26 Years R/o Village Post- Lamer, Police Station- Kota, District- Bilaspur Chhattisgarh. --- Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Kota District- Bilaspur (C.G.) --- Respondent(s) MCRC No. 5636 of 2025 1 - Dulichand Prajapati S/o Channa Prajapati Aged About 48 Years R/o Present Address Village Lamer, Tehsil Kota District Bilaspur (C.G.), Permanent Address Khandiya Mohalla Kumhar Marg, Mahrajpur, Chatarpur Madhya Pradesh. 2 - Pawan Prajapati S/o Dulichand Prajapati Aged About 19 Years R/o Present Address Village Lemar, Tehsil Kota District Bilaspur (C.G.), Permeant Address Khandiya Mohalla Kumhar Marg, Mahrajpur, Chatarpur Madhya Pradesh. ---Applicant(s) Versus 2 State Of Chhattisgarh Through The Station House Officer, Police Station Kota, District Bilaspur (C.G.) --- Respondent(s) MCRC No. 5411 of 2025
Legal Reasoning
Chhabi Yadav S/o Shri Santosh Yadav Aged About 34 Years R/o Village And Post- Lamer Ps- Kota, District- Bilaspur (C.G.) ---Applicant(s) Versus State Of Chhattisgarh Through Station House Officer Police Station - Kota District - Bilaspur (C.G.) --- Respondent(s) For Applicant(s) : Mr. Ishan Verma, Advocate For Respondent(s) : Ms. Smriti Shrivastava, Advocate Hon'ble Shri Ramesh Sinha , Chief Justice 07.08.2025 Order on Board 1. Since the above bail applications are arising out of same crime number and same offence so they are being heard and decided by this common order. 2. The applicants have preferred these First Bail Applications under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as they have been arrested in connection with Crime No. 457/2025, registered at Police Station Kota District - Bilaspur (C.G.) for the offences punishable under Sections 125(B), 238, 3(5) of the BNS and Section 25 and 27 of the Arms 3 Act. 3. The case of the prosecution, in brief, is that, on 05.05.2025, the complainant Girjashankar alias Deepak Yadav of village Lamer was drinking a cold drink with his friend at a village shop. The accused Chhabilal Yadav, sitting nearby, was asked jokingly about an object in his pocket, to which he replied it was a pistol and showed it. While handing it back, the pistol accidentally fired, injuring the complainant in both legs. Chhabilal Yadav immediately took him to CIMS Hospital, Bilaspur, where surgery was performed to remove the bullet. The complainant is currently under treatment at Rama Care Wells Hospital, Bilaspur. Investigation revealed that the pistol was brought from Jharkhand by co-accused Dulichand and given to Chhabilal by Dulichand's son, co-accused Pawan Prajapati. After the incident, Chhabilal gave the pistol to co-accused Chandra Pratap Mahajan for safekeeping. During storage, a bullet was accidentally fired, and the empty cartridge was recovered by police. The entire sequence shows no intentional act or criminal intent by the applicants. The shooting was accidental. Chhabilal's act of taking the injured to hospital shows his genuine intention. All applicants cooperated in the investigation and truthfully disclosed facts. 4. Learned counsel for the applicants submit that the applicants are innocent and have been falsely implicated in the alleged offence by the prosecution. From the entire sequence of events, it is evident 4 that the firing of the bullet was purely accidental. There was no pre- planning, malice, or criminal intent on the part of the applicants. The situation occurred suddenly and unintentionally during a light- hearted conversation. Further, the applicant-Chhabilal Yadav immediately provided primary treatment to the victim and took him on his own motorcycle to CIMS Hospital, Bilaspur for medical aid. This act demonstrates that the applicant had no criminal intention, but instead acted with humanitarian concern. The applicants have cooperated with the investigation process and made truthful disclosures in their respective memorandum statements. No attempt was made to mislead the investigation or conceal any material evidence. The pistol involved in the incident was brought from Jharkhand by a co-accused and was handed over to Chhabilal Yadav on the date of the incident itself. This shows that the applicant was not a habitual or intentional possessor of the weapon and had only a limited and incidental role in the entire episode. So far as criminal antecedents of the applicants are concerned, the applicants have no pervious criminal antecedents registered against them. They are languishing in jail since 08.05.2025 and though the charge-sheet has already been filed, the conclusion of the trial is likely to take some time, hence he prays for grant of bail to the applicants. 5. On the other hand, learned counsel for the State opposes the bail applications of the applicants but could not dispute that the fact that charge-sheet has already been filed. She further submits that on the memorandum statement of the accused Chhabi Yadav, the 5 pistol and the cartridge have been seized. Further, during investigation, the memorandum statement of the applicants shows that the pistol used in the incident was obtained from Jharkhand and was given to accused Chhabi Yadav on the date of the incident by accused Pawan, son of accused Dulichand and the injured was injured due to the firing of the gun and hence the applicants and co- accused were arrested on 08-05-2025 and there bail applications are liable to be rejected. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that from the entire sequence of events, it is evident that the firing of the bullet was purely accidental, there was no pre- planning, malice, or criminal intent on the part of the applicants and the situation occurred suddenly and unintentionally during a light- hearted conversation and further, the applicant Chhabilal Yadav immediately provided primary treatment to the victim and took him on his own motorcycle to CIMS Hospital, Bilaspur for medical aid, which demonstrates that the applicants had no criminal intention, but instead acted with humanitarian concern, further the applicant have no pervious criminal antecedents registered against them, charge-sheet has already been filed and they are languishing in jail since 08.05.2025 and conclusion of the trial is likely to take some time, therefore, this Court is of the view that the present applicants are entitled to be released on bail in this case. 7. Let applicants, Chandra Pratap Mahajan, Chhabi Yadav and Dulichand Prajapati and Pawan Prajapati, involved in Crime 6 No. 457/2025, registered at Police Station Kota District - Bilaspur (C.G.) for the offences punishable under Sections 125(B), 238, 3(5) of the BNS and Section 25 and 27 of the Arms Act, be released on bail on his 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 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 counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against them 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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 7 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal