Nafr High Court
Case Details
1 2025:CGHC:40974 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4932 of 2025 Md. Mustak S/o Md. Asagar Aged About 36 Years R/o Village Chihutimaran, P.S. Dhanwar, Sapamaran, Distirct Giridh Jharkhand. --- Applicant versus State of Chhattisgarh Through Thana In-Charge, P.S. Jutmil, District Raigarh, Chhattisgarh. --- Non-applicant Along with MCRC No. 5995 of 2025 1 - Suraj Sarthi S/o Nirmal Sarthi Aged About 26 Years R/o Village Bhathanpali Ward No. 02, Tahsil And District - Raigarh (C.G.) 2 - Nirmal Sarthi S/o Late Parmanand Sarthi Aged About 49 Years R/o Village Bhathanpali Ward No. 02, Tahsil And District - Raigarh (C.G.) 3 - Heerachand Sarthi S/o Nirmal Sarthi Aged About 24 Years R/o Village Bhathanpali Ward No. 02, Tahsil And District - Raigarh (C.G.) 4 - Bhogilal Sarthi S/o Late Bahadur Sarthi Aged About 56 Years R/o Village Bhathanpali Ward No. 02, Tahsil And District - Raigarh (C.G.) --- Applicants Versus State of Chhattisgarh Through The Station House OfÏcer, Police of Police Station Jutmil, District - Raigarh (C.G.) --- Non-Applicant For Applicants
Legal Reasoning
: Mr. Rajendra Tripathi, Advocate and Mr. Gaurav Singhal, Advocate For Non-Applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.08.2025 1. Since the above-mentioned two first bail applications arise out of same incident, same crime number and registered at same police station, they are clubbed and heard together and are being
Decision
disposed of by this common order. 2. The applicants have preferred these First Bail Applications under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 188/2025 registered at Police Station - Jutmil, District - Raigarh (C.G.) for the offence under Sections 196 (1), 196 (2), 299, 302, 296, 351 (3), 324 (5), 191 (1), 191 (2) & 192 of the Bharatiya Nyaya Sanhita, 2023. 3. Case of the prosecution, in brief is that on 28.05.2025 at Village Bhathanpali, the applicants, along with other co-accused persons, allegedly used a JCB machine to demolish the temple of Bajrang Bali, harassed members of the Hindu community with the intent to compel them to convert to Christianity, insulted Hindu deities, and used abusive language. Thereafter, offences have been registered against the present applicants. 4. Learned counsels for the applicants submits that the applicants are innocent persons and have been falsely implicated in the aforesaid case. They further submit that the applicants are only helper of JCB and they have not destroyed any temple. It is further submitted that 3 as per the allegation, in the disputed temple, there was no statue is established of any God and also no worship was performing in the said temple, only structure was there. It is further submitted that the applicants have neither committed nor participated in any such act which may amount to any of the offences, mentioned above. they further submit that the present applicants have no criminal antecedents and the applicant namely Md. Mustak, is in jail since 29.05.2025 and the applicants namely, Suraj Sarthi, Nirmal Sarthi, Heerachand Sarthi and Bhogilal Sarthi are in jail since 28.05.2025 and conclusion of the trial is likely to take quite long time. Therefore, they pray for grant of regular bail to the applicants. 5. On the other hand, learned Panel Lawyer opposes the bail application of the present applicants and submit that the charge- sheet has already been filed in the present case before the competent Court and also endorse the submission made by the learned counsel for the applicants. She further submits that the applicants, along with other co-accused persons, allegedly used a JCB machine to demolish the temple of Bajrang Bali, harassed members of the Hindu community with the intent to compel them to convert to Christianity, insulted Hindu deities, and used abusive language, therefore, the present applicants are not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case 4 that the present applicants have no criminal antecedents and also considering the fact that in the present bail application the charge- sheet has been filed before the competent Court and the applicant namely Md. Mustak, is in jail since 29.05.2025 and the applicants namely, Suraj Sarthi, Nirmal Sarthi, Heerachand Sarthi and Bhogilal Sarthi are in jail since 28.05.2025 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Let the Applicants – Md. Mustak, Suraj Sarthi, Nirmal Sarthi, Heerachand Sarthi and Bhogilal Sarthi, involved in Crime No. 188/2025 registered at Police Station - Jutmil, District - Raigarh (C.G.) for the offence under Sections 196 (1), 196 (2), 299, 302, 296, 351 (3), 324 (5), 191 (1), 191 (2) & 192 of the Bharatiya Nyaya Sanhita, 2023, 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 5 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, 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. 9. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Rahul Dewangan Sd/- (Ramesh Sinha) Chief Justice