Raigarh (C.G.) v. State Of Chhattisgarh Through Station House Officer, Police Stati
Case Details
1 2025:CGHC:33481 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5574 of 2025 Chhotu Rajput @ Ajay S/o Shoukilal Aged About 24 Years R/o Atal AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Awash Kharsia, District - Raigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali Raigarh District - Raigarh (C.G.) ... Respondent(s) For Applicant(s) :
Legal Reasoning
Mr. Ashish Gupta, Advocate. For Respondent(s) : Mr. Sakib Ahmed, 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. 195/2025 registered at Police Station City Kotwali Raigarh District - Raigarh (C.G.) for the offence punishable under Section 309(6), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that on April 30, 2025, at around 2 5:00 pm, the complainant, Digambar Ekka, along with his friends Sachin Minj and Rakesh Minj, was traveling to Kolkata for work. They got off the bus at Raigarh Bus Stand and were walking to the railway station via Ramnivas Talkies and Badpara. When they reached the liquor shop near Badpara, two persons on a motorcycle, who were sitting on a blue R-15 motorcycle, started abusing them and asked where they were going. One of the persons forcibly snatched Rs.1,200 and a Motorola mobile phone worth Rs.20,000 from the complainant's pocket. When the complainant resisted, the second person, who had burn marks on his neck and chest, picked up an empty beer bottle from the road and hit the complainant on the head and left side, causing injuries and bleeding. The assailants then fled the scene on their motorcycle. Based on the complainant's report, a case was registered against unknown persons, and during the investigation, two accused persons, Aniket Ratna alias Taka and Jacky Khan, were arrested on May 1, 2025. They were identified by the complainant, and their memorandum statements were recorded. They confessed to committing the crime with their associates, Ajay and Vicky. Aniket Ratna alias Taka produced ₹400 and a Passion motorcycle (CG 13 UA 8254), which were seized. Jacky Khan produced the looted Motorola mobile phone, which was also seized. 3. The memorandum statement of the accused, Chhotu Rajput alias Ajay, was recorded, in which he confessed to committing the crime and receiving Rs.800 from the looted amount, which he spent on 3 drinking. He also produced the R-15 motorcycle (CG 13 BB 6418) used in the crime, which was seized. The accused persons, Aniket Ratna alias Taka, Jacky Khan, and Chhotu Rajput alias Ajay, were arrested, and their arrest memos were prepared. The accused, Manish alias Vicky Jatwar, was taken into custody on May 29, 2025, and he confessed to committing the crime and receiving Rs.400 from the looted amount, which he spent on food and drinks. He was arrested, and his arrest memo was prepared. The charge sheet in this case has already been filed. Hence, the bail application. 4. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the prosecution has conducted Test Identification Parade (TIP) against the co-accused persons, and they have been rightly identified by the complainant, but the test identification of the present applicant has not been conducted by the prosecution, therefore, the involvement of present applicant is malafide. He further submits that no any seizure of incriminating article has been made from the present applicant, only motorcycle of the applicant was seized. The applicant is in jail since 01.05.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 5. 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 further submits that the applicant is alleged to 4 have forcibly snatched Rs.1,200 and a Motorola mobile phone worth Rs.20,000 from the complainant's pocket in collusion of other co-accused persons, when the complainant resisted, one of them picked up an empty beer bottle from the road and hit the complainant on the head and left side, causing injuries and bleeding, further in TIP conducted by the proseuciton two accused persons were identified by the complainant, and from their memorandum statement, the name of present applicant and another co-accused have come into light and as per memorandum statement of the accused, Chhotu Rajput alias Ajay (present applicant), was recorded, in which he confessed to committing the crime and receiving Rs.800 from the looted amount, he also produced R-15 motorcycle (CG 13 BB 6418) used in the crime, therefore, he is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 01.05.2025, the fact that though the involvement of applciant come into light from the memorandum statement of co-accused persons, who were identified by the complainant in Test Identification Parade (TIP) conducted by the prosecution and as per memorandum statement of the applicant seizure of Rs.800 from the looted amount and R-15 motorcycle (CG 13 BB 6418) used in the crime have been made from him, but the applicant has no criminal antecedent and charge-sheet has been filed in the present case, 5 this Court is of the view that the applicant is entitled to be released on bail in this case, accordingly, the application is allowed. 8. Let the Applicant-Chhotu Rajput @ Ajay, involved in Crime No. 195/2025 registered at Police Station City Kotwali Raigarh District - Raigarh (C.G.) for the offence punishable under Section 309(6), 3(5) of BNS, be released on bail on his furnishing a 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 sufÏcient 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 6 of the trial court absence of the applicant is 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 him in accordance with law. 9. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil