Khasia, Tehsil Kharsia, District Raigarh Chhattisgarh v. State Of Chhattisgarh Through Police Station Dhabra, District Sak
Case Details
1 2025:CGHC:31396 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5273 of 2025 Rajesh Kumar Sonwane S/o Arun Kumar, Aged About 25 Years R/ O Village Bargarh Karranara P.S. Khasia, Tehsil Kharsia, District Raigarh Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Police Station Dhabra, District Sakti Chhattisgarh ... Non-applicant VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.09 14:22:02 +0530 For Applicant
Legal Reasoning
: Mr. Mayank Mulchandai, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.07.2025 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 has been arrested in connection with Crime No. 73/2025 registered at Police Station Dhabra, District Sakti (C.G.), for the offence punishable under Sections 309(4), 331 (6), 351(3), 127(2), 310(2), 111(2)(B) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 & 27 of the Arms Act. 2. The case of the prosecution, in brief, is that the complainant/victim has made written report alleging that on 27.02.2025 between 7.40 pm to 8.00 pm, she was standing in living room of her house and at the same time a white car Innova stopped outside the house and four people covering their face with mask entered in the house of 2 complainant with pistol and knives and they threatened the complainant and tied her hand and mouth with torn towel after that when her nephew Harsh Dansena came, they also tied him up, thereafter three men opened the cupboard of her house and threw all item and one man holding pistol snatched the locker key from the complainant and they took away 1 tola of gold mangalsutra and 5 gm gold ring, 24 tola silver anklet, 2 mobile phone 1 laptop and 8000 Rs/- cash from the house of the complainant and they threatened to kill her husband who is posted as Data Entry operator in Janpad Panchayat Malkharoda and they tied her and her nephew in the room inside the house and they ran away. Upon receiving the written complaint from the complainant the police registered the offence u/s 309(4), 331(6), 351(3), (B) 127(2), 310(2), 111(2) (kh) of B.N.S and 25, 27 of Arms Act have been registered by the police, and the police has arrested the applicant on 03.04.2025, in Crime No. 73/2025. Hence, this bail application.. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that the complainant had contested the gram panchayat election in which the applicant had opposed the complainant, due to this election rivalry, the complainant has falsely implicate the applicant in a false case and there is no seizure has been made by the police from the present applicant and he in jail since 03.04.2025, conclusion of the trial may take some time. Therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposed the bail 5. 6. 3 application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. He further submits that one criminal antecedents of the applicant, therefore, the present applicant is not entitled to be granted regular bail in this case. I have heard learned counsel for the parties and perused the case diary. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that no recovery was found from the possession of the applicant, further the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 03.04.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Rajesh Kumar Sonwane, involved in Crime No. 73/2025 registered at Police Station Dhabra, District Sakti (C.G.), for the offence punishable under Sections 309(4), 331 (6), 351(3), 127(2), 310(2), 111(2)(B) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 & 27 of the Arms Act, be released on bail on 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 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. 4 (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his 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 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav