Nafr High Court
Case Details
1 VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2025:CGHC:31393 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5278 of 2025 • Sameer Ghritlahre S/o Hemant Kumar Ghritlahre Aged About 19 Years (Wrongly Written As Sameer Dhritlahre, S/o Hemant Kumar Dhritlahre In The Impugned Order Dated 20-06-2025), D-Block South Gangotri, Police Station Supela, District Durg Chhattisgarh versus ... Applicant • State of Chhattisgarh Through The Station House Officer, Police Station Utai, District- Durg (C.G.) ... Respondent For Applicant
Legal Reasoning
: Mr. Dhiraj Kumar Wankhede, Advocate For Respondent : Ms. Ankita Shukla, 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 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.153/2025 registered at Police Station Utai, District-Durg (C.G.) under Section 309(6), 310(2) of BNS. 2. That case of the prosecution, in brief, is that the case of the prosecution is that on the date of the incident that is on 2 27.04.2025, the complainant Shri Mahendra Kumar Sahu along with Komal Deshmukh, Ishwari Sahu, Tikeshwar Deshmukh and Gokaran Nishad went to Laxmi Nagar Risali Market to by certain articles. When the complainant and other persons reached near the Bogada underbridge. some of the accused persons namely Durgesh Joshi, Sonu Netam and Arun Khutel crossed the complainant and other persons traveling in their bike due to which quarrel began between them. Thereafter, the accused persons called the present applicant Sameer Ghritlahre, Durgesh Sen, Niraj Adil and Bihari Das to the scene of crime. The accused persons allegedly slapped the complainant twice and hit the complainant and other persons with stick and pipe. The accused persons threatened the complainant and snatched Rs. 20,000 and the Mobile Phone from the complainant. During investigation the Police recorded the statement of witnesses and ceased articles from the accused persons, and also recorded memorandum statement under Section 23(2) of Bhartiya Sakshya Sanhita. The Police have filed final report against the accused persons for offence punishable under Section 309(6) and 310(2) of the Bhartiya Nyaya Sanhita. The accused persons were arrested by Police on 28.04.2025. The above chargesheet was filed before the Learned Judicial Magistrate First Class, District Durg, Bearing Criminal Case No. 162/2025 on 11.06.2025. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case and there was some quarrel took place between the complainant and accused 3 persons. The accused persons allegedly slapped the complainant twice and hit the complainant and other persons with stick and pipe. He further submits that injury sustained by the injured are simple in nature. The applicant has no criminal antecedents and he is in jail since 28.04.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that applicant has no previous criminal antecedent. On the date of incident the accused persons allegedly slapped the complainant twice and hit the complainant and other persons with stick and pipe. The accused persons threatened the complainant and snatched Rs. 20,000/- and the Mobile Phone from the complainant. During investigation the Police recorded the statement of witnesses and ceased articles from the accused persons, therefore, looking to the conduct of the applicant he is not entitled for grant of 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 and also considering the fact that injury sustained by the injured are simple in nature. The applicant has no criminal antecedents and he is in jail since 28.04.2025, looking to the detention period of the present applicant, this Court is of the view that the applicant is entitled to be released on bail in this case 4 7. Let the Applicant – Sameer Ghritlahre, involved in Crime No.153/2025 registered at Police Station Utai, District-Durg (C.G.) under Section 309(6), 310(2) of BNS, be released on bail on his 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 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 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. vaishali Sd/ Sd/- (Ramesh Sinha) Chief Justice