Near Railway Station, Tehsil And District Raipur Chhattisgarh v. State of Chhattisgarh Through Police Station Kharora, District Ra
Case Details
1 2025:CGHC:32283 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5424 of 2025 1 - Jitendra Pathak S/o Ramesh Pathak, Aged About 35 Years R/o Village- Jalso, Police Station Tilda, Newra, District Raipur Chhattisgarh. 2 - Suraj Sen @ Hansraj S/o Ashok Sen, Aged About 25 Years R/o Village Dharampra, Police Station Pipariya, District Kawardha Chhattisgarh. 3 - Gajju Chandrawanshi, S/o Baluk Chandrawanshi Aged About 25 Years R/o Village Navghata, Police Station Pipariya, District Kabirdham Chhattisgarh. 4 - Chatrapal @ Raju S/o Narayan Rajput, Aged About 27 Years R/o Village Dharampra, Police Station Pipariya, District Kawardha Chhattisgarh. 5 - Kishan Verma, S/o Ramkumar Verma, Aged About 34 Years House No. 642, Ward No. 19, Near Railway Station, Tehsil And District Raipur Chhattisgarh. ... Applicants versus State of Chhattisgarh Through Police Station Kharora, District Raipur Chhattisgarh. For Applicants ... Non-applicant
Legal Reasoning
of regular bail by this Court in MCRC No. 3898/2025, vide order dated 27.06.2025. It is also submitted that the charge sheet has already been filed, and the applicants have no criminal antecedents, the applicants are in jail since 31.03.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of regular bail on the ground of parity. 4. On the other hand, learned State counsel opposes the bail application of the present applicants and submits that the charge- sheet has been submitted in the present case before the competent Court. He further submits that the present applicants along with other co-accused persons wearing black masks and carrying weapons entered his house and looted ₹6,00,000 in cash and jewellery worth ₹2,00,000. He further submits that certain articles 4 were allegedly seized from the applicants on the basis of memorandum statements such as mobile phones, small amounts of cash, one motorcycle, a gold ring/top, and some weapons, therefore, the present applicants are 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, nature and gravity of allegation levelled against the applicants and the fact that the FIR was lodged against unknown persons and the applicants have been implicated only on the basis of suspicion without any specific description or direct allegation in the FIR, though certain articles have been seized on the basis of the applicants’ memorandum statements, no Test Identification Parade (TIP) has been conducted either for the accused persons or for the allegedly stolen property, further the charge sheet has already been filed and the applicants have no criminal antecedents and are in jail since 31.03.2025, further considering the fact that one of the co-accused has already been granted regular bail by this Court in MCRC No. 3898/2025 vide order dated 27.06.2025, and the trial is likely to take considerable time for its conclusion, this Court is of the opinion that it is a fit case for grant of regular bail. Accordingly, the bail applications deserve to be and are hereby allowed. 7. Let the Applicants – Jitendra Pathak, Suraj Sen @ Hansraj, Gajju Chandrawanshi, Chatrapal @ Raju and Kishan Verma, 5 involved in Crime No. 182/2025 registered at Police Station- Kharora, District Raipur, (C.G.) for the offence under Sections 331(6), 310(2), 61(2) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 & 27 of Arms Act, be released on bail on furnishing 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 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. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their 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 them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, 6 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 applicants are deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. OfÏce 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 Rahul Dewangan
Arguments
: Mr. Anmol Sharma, Advocate For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice 11/07/2025 Order on Board 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 the applicants who have been arrested in connection with Crime No. 182/2025 registered at Police Station- Kharora, District Raipur, (C.G.) for the offence under Sections 331(6), 310(2), 61(2) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 & 27 of Arms Act. 2. Case of the prosecution, in brief is that the complainant, Radheylal Bhardwaj, lodged a written complaint before the Police Authorities at Kharora, District Raipur, stating that he is a resident of Village Kevradih, Police Station Kharora, District Raipur. He alleged that during the intervening night of 27.03.2025 and 28.03.2025, at around 2:00 A.M., some unknown individuals wearing black masks and carrying weapons entered his house and looted ₹6,00,000 in cash and jewellery worth ₹2,00,000. Accordingly, an FIR was registered against unknown persons for offences punishable under Sections 331(6) and 310(2) of the Bharatiya Nyaya Sanhita (BNS). During the course of investigation, certain accused persons were arrested, and their memorandum statements were recorded. Subsequently, Section 61(2) of BNS and Sections 25 and 27 of the Arms Act were added. A charge sheet has been filed, and the present applicants were arrested on 31.03.2025 and were remanded to judicial custody. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. He also submitted that the facts of the present case are different from the version projected by the prosecution, and the applicants have been falsely implicated without any cogent evidence linking them to the alleged offence. It is submitted that 3 the FIR was initially lodged against unknown persons, and the present applicants have been arrested merely on the basis of suspicion. There is no description of the accused persons in the FIR that could directly connect the applicants to the alleged crime. It is further submitted that though certain articles were allegedly seized from the applicants on the basis of their memorandum statements such as mobile phones, small amounts of cash, one motorcycle, a gold ring/top, and some weapons, but no Test Identification Parade (TIP) was conducted either for the accused persons or the allegedly stolen articles, this raises serious doubt regarding the credibility of the investigation. He further submits that one of the co-accused has already been granted the benefit