Nafr High Court
Case Details
1 VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.18 12:54:59 +0530 2025:CGHC:33435 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4752 of 2025 • Samsad Khan S/o Shri Sonpal Aged About 44 Years R/o Jairampur, Police Station - Narora, Tahsil - Dewai, District - Bulandshahar (U.P.), Present Address - Hasanpur, District- Amroha (Uttar Pradesh) ... Applicant versus • State Of Chhattisgarh Through - Station House Officer, Police Station - Bhanupratappur, District - North Bastar Kanker (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant For Respondent : :
Legal Reasoning
Ms. Maya Chaturvedi, Advocate Mr. Soumya Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/07/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.36/2025 registered at Police Station Bhanupratap, District - North Baster Kanker (C.G.) under Sections 309(4), 351(2), 238(b) of BNS, 2023. 2. Case of the prosecution is in a nutshell that, complainant Chinta Ram Markam, a resident of a written Santoshpara, Bhanupratappur 2 lodged complaint at Police Station Bhanupratappur alleging inter-alia that on 17/02/2025, two individuals visited his house in Village Jhalyapara, claiming to be from Bhopal (M.P.) and engaged in agricultural work using a JCB machine on a rental basis. They asked if he wanted to hire them for agricultural work, to which he agreed. On 22/02/2025, one person arrived at his house operating a JCB, followed by two others on a motorcycle. During their conversation, the JCB driver identified himself as Manoj Pradhan and the owner as Vijay Kumar Nahta, a resident of Amoda. On the same day, the JCB driver began the agricultural work. On advance 23/02/2025, the two agents took an payment of Rs. 32,500/- and stayed at the On 24/02/2025, the two agents visited the complainant's house in the morning and stated that additional funds were required for the repair of agricultural equipment. The complainant accompanied them on their motorcycle to the State Bank of India, Branch Bhanupratappur, where he withdrew Rs. 7,00,000/- in cash. After withdrawing the money, they stopped near a garden in Basantnagar, Bhanupratappur, where the two agents snatched the whole amount of Rs. 7,00,000/- from his hands and threatened to kill him if he reported the incident to anyone. Based on the complainant's Bhanupratappur written complaint, Police Station registered a First Information Report bearing Crime No. 36/2025 against the two unknown persons for the offence punishable under Sections 309(4) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 and initiated an investigation. During the investigation, CCTV footage from the State Bank of India, Branch Bhanupratappur, and nearby shops was reviewed. The mobile number provided by the complainant was used to make calls and trace the location of the suspects. Upon reaching the location and conducting inquiries, the suspect/applicant 3 admitted to the crime during interrogation. A memorandum of his statement was recorded and based on this, he and another accused Koko, were arrested. After completion of entire investigation, charge- sheet was filed for the offence punishable under Section 309(4), 351(2), 238(b) of the Bharatiya Nyaya Sanhita, 2023 and the case is pending before the learned Judicial Magistrate First Class, Bhanupratappur, District - North Bastar Kanker (C.G.) as Criminal Case No. 1821/2025 for trial. 3. Learned counsel for the applicant submits that the present applicant is innocent and he has been falsely implicated in the present case. She would submit that in the FIR, applicant name is not mentioned and not recovered the alleged amount of Rs.7,00,000/- from the present applicant. She would submit that the applicant is in jail since 03/04/2025, there is no criminal antecedents against the applicant, charge sheet has been filed and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He would submit that applicant is resident of State of Uttar Pradesh and there is no previous criminal antecedent against the present applicant and only one mobile phone has been seized from the present applicant. 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, nature and gravity of offence, there is no previous criminal antecedent against the present applicant, period of detention of the applicant since 03/04/2025 and there is no recovery has been made 4 from the present applicant, charge sheet has been filed and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Samsad Khan, involved in Crime No.36/2025 registered at Police Station Bhanupratap, District - North Baster Kanker (C.G.) under Sections 309(4), 351(2), 238(b) of BNS, 2023, be released on bail on his furnishing 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 court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient 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 5 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 him in accordance with law. 8. Office 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 vaishali