Nafr High Court
Case Details
1 2025:CGHC:39980 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5327 of 2025 Avinash Prasad S/o Prem Kumar Kumhar, Aged About 23 Years R/o Gerwaghat, Police Station Kotwali Korba, Tehsil And District Korba Chhattisgarh --- Applicant versus State Of Chhattisgarh Through Police Station Civil Line Rampur, District Korba C.G. --- Non-Applicant MCRC No. 6139 of 2025
Legal Reasoning
Pradeep Kumar Shrivas S/o Krishna Lal Shriwas Aged About 23 Years R/o I.T.I Rampur, Korba, Tehsil And District Korba, Chhattisgarh ---Applicant Versus State Of Chhattisgarh Through P.S. Civil Line Rampur, Distt. Korba, Chhattisgarh --- Non-applicant MCRC No. 6108 of 2025 Sujal Jangde S/o Devendra Kumar Jangde Aged About 18 Years R/o Ninoda, P.S.- Kharsia, District Raigarh C.G. At Present R/o Tulsinagar, Gerwaghat, P.S. Kotwali, Korba, District Korba C.G. ---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station- Civil Line, Rampur, Korba, District Korba C.G. --- Non-applicant PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.11 17:12:59 +0530 2 For Applicant (in MCRC Nos. 5327/2025 and 6139/2025) For Applicant (In MCRC No. 6108/2025) For Non-applicant/State : Mr. Anshul Tiwari, Advocate. Mr. Krishna Kumar Dewangan, Advocate. : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/08//2025 1. Since the above-mentioned three bail applications arise out of same crime number, they are clubbed and heard together and are being
Decision
disposed of by this common order. 2. These are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail to the applicants who has been arrested in connection with Crime No. 334/2025 registered at Police Station Civil Line, Rampur, Korba, District Korba (C.G.) for the offence punishable under Sections 331 (4), 305(A), 111 and 3(5) of Bharatiay Nyaya Sanhita, 2023. 3. As per the prosecution, a written complaint was filed at the concerned police station by the complainant, stating that the house of his brother-in- law, Manoj Paikra, located at Plot No. 269/10, Shivaji Nagar, Korba, was burgled while his brother-in-law and sister were out of town. The complainant was informed of the incident by a neighbour over the phone. Upon reaching the location, it was discovered that an Ertiga car (Registration No. CG 18 J 3707) and a TVS N-Torq scooter (Registration No. CG 12 BQ 2460), together valued at approximately H3,50,000, had been stolen by unknown persons during the night of 04.06.2025– 05.06.2025. Based on this report, FIR No. 334/2025 was registered on 05.06.2025 under Sections 331(4), 305(A), 111, and 3(5) of the Bharatiya Nyaya Sanhita, 2023 against unknown accused persons. 4. Learned counsel for the applicant submits that the applicants are innocent and have been falsely implicated in the case. They further 3 submitted that there has been no seizure made by the Police Officer from the applicants, namely, Avinash Prasad and Sujal Jangde and from the applicant, namely, Pradeep Kumar Shrivas, only one Splendor motorcycle has been seized. Further, the present applicants have no criminal antecedents, they are said to be in jail since 09.06.2025, 05.06.2025 and 09.06.2025 respectively, and further the charge-sheet has been filed. Thus, looking to the above, it is prayed that the applicants may be enlarged on bail. 5. On the other hand, learned State counsel appearing for the respondent/State opposes the bail application and submits that the 6. 7. charge-sheet has been filed. I have heard learned counsel appearing for the parties and perused the case diary. Considering the facts and circumstances of the case, nature and gravity of the offence, allegations levelled against the applicants and the fact that no seizure has been made from the applicants, namely, Avinash Prasad and Sujal Jangde and from the applicant, namely, Pradeep Kumar Shrivas, one motorcycle has been seized, but considering the fact that the present applicants have no criminal antecedents, they are said to be in jail since 09.06.2025, 05.06.2025 and 09.06.2025 respectively, further the charge-sheet has been filed, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Accordingly, the bail application is allowed. Let the applicant - Avinash Prasad (in MCRC No. 5327/2025), Sujal Jangde (in MCRC No. 6108/2025) and Pradeep Kumar Shrivas (in MCRC No. 6139/2025) involved in Crime No. 334/2025 registered at Police Station Civil Line, Rampur, Korba, District Korba (C.G.) for the offence punishable under Sections 331 (4), 305(A), 111 and 3(5) of Bharatiay Nyaya Sanhita, 4 2023, 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 applicants 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 applicants 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 applicants 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 applicants 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 5 accordance with law. 9. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti