High Court of Chhattisgarh
Case Details
1 2025:CGHC:34261 NAFR GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.21 17:24:47 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5661 of 2025 Nilesh Sarvaiyya S/o Mansukh Lal Sarvaiyya, Aged About 40 Years R/o - Block-A, Flat No. 413, Near Hundai Showroom, Ashoka Impression, Saddu, Raipur, District Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station - Khamhardih, Raipur, District - Raipur (C.G.) ... Respondent For Applicant
Legal Reasoning
: Shri Syed Imtiaz Ali, Advocate. For : Smt. Subha Shrivastava, PL. Respondent/State Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/07/2025 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 2 connection with Crime No.552/2024 registered at Police Station Khamhardih, Raipur, District Raipur (C.G.) for the offence punishable under Sections 120(B), 380, 454 of Indian Penal Code. 2. Case of the prosecution, in brief, is that the complainant filed a written complaint on 28.12.2022, stating that, on the instructions of one Nikhil Chandraker, two persons, namely Golu @ Ganesh Verma and applicant/Nilesh Sarvaiyya, unlawfully entered the complainant's house using a duplicate key. They trespassed and, in an attempt to destroy evidence related to an offence under Sections 376 and 377 of the IPC, stole various documents, including medical records, mark sheets, and other educational documents, along with other belongings. The offence was captured on CCTV footage, where Golu can be seen entering the premises and stealing, while Nilesh is seen standing outside the house. Based on the written complaint filed by the complainant on 28.12.2022, an FIR was registered at Police Station Khamhardih, District & Tehsil Raipur, under Crime No. 552/2024 for offences punishable under Sections 120(B), 380, and 454 of the IPC, and the matter was taken up for investigation after completion of investigation, the charge sheet was filed. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the main accused Nikhil Chandrakar's flat was occupied by the complainant on rent, as she did not vacate 3 the rented flat and continued to occupy illegally leading to dispute with the co-accused Nikhil Chandrakar and his wife, the complainant also threatened the co-accused and his wife to sent them in jail, the co-accused Nikhil Chandrakar lodged the report regarding the threat. He would submit that the present applicant is friend of the main accused due to which his name was falsely roped in this case. He would submit that the incident is of 28/12/2022 whereas FIR has been lodged in the year 2024 after two years of the incident. He would submit that allegation against the applicant is that he was standing outside the house and other co-accused committed theft of documents from the house of the complainant which has come in the CCTV footage. He would submit that the applicant is in jail since 12/06/2025, charge sheet has been filed and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She would submit that there is no previous criminal antecedent against the present applicant. 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 offence, considering the fact that the FIR has been registered after two years of the incident, period of detention 4 of the applicant since 12/06/2025, charge sheet has been filed and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the applicant-Nilesh Sarvaiyya, involved in Crime No.552/2024 registered at Police Station Khamhardih, Raipur, District Raipur (C.G.) for the offence punishable under Sections 120(B), 380, 454 of Indian Penal Code, 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 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 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri