Patna (Bihar) v. State Of Chhattisgarh Through
Case Details
1 2025:CGHC:46976 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.15 17:15:13 +0530 MCRC No. 6585 of 2025 Rahul Ranjan S/o Rakesh Kumar Aged About 35 Years R/o Modan Tola Mokama, Ward No. 19, Mokameh Patna, P.S. Mokama, District- Patna (Bihar) ... Applicant versus State Of Chhattisgarh Through- S.H.O. P.S. Mana Camp Raipur, Tahsil And District- Raipur (C.G.) ... Respondent For Applicant
Legal Reasoning
: Shri Ankit Singh, Advocate. For : Shri Malay Jain, PL. Respondent/State Hon'ble Mr. Ramesh Sinha, Chief Justice 12/09/2025 Order on Board 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.384/2023 registered at Police Station Mana Camp, Raipur (C.G.) for the offence punishable under Sections 407, 34 of IPC. 2. Case of the prosecution, in brief, is that complainant Shubham 2 Sarkar lodged a report to the effect that he works as an event manager, on 12.12.2023 his former acquaintance the present applicant stole his red colour Swift car no. CG 04-PL/2454 due to his brother's accident at Basna Road, as he was in a hurry, he asked for his car from Sahu Hotel Mana Camp across the canal at about 9.30 in the morning for help. The next day when he asked for his car and called on his mobile number, it was switched off. Instead of returning his car to him, he ran away with the car for his own use and present applicant has committed breach of trust with him. On the above report of the complainant, Crime No. 384/2023 under Section 407 of IPC has been registered against the present applicant by Mana Camp Police Station. The case was registered and investigation was taken up and during the investigation a memorandum statement of accused present applicant was recorded, in which he stated that he had handed over both the vehicles to Toofan Mandal, on the basis of which sections 407, 34 IPC were added in the case and action was taken against the other accused Toofan Mandal under section 173 (8) CrPC as per the prosecution story. 3. Learned counsel for the applicant submits that the applicant is innocent and had never committed any crime as alleged against him and the applicant's role was as a mediator between car owners and clients, providing tour and travel services. He would submit that the applicant had no involvement in the alleged crime 3 and had handed over the cars to co-accused Toofan Mandal as per agreement and the complainant has falsely implicated the applicant due to misconception. He would submit that no incriminating material was seized from the applicant's possession. He would further submit that the applicant has five criminal antecedents, out of which two cases of the year 2021 and 2022
Decision
are disposed of and in remaining three cases, the applicant is on bail which are of the year 2023. He would submit that the charge sheet has been filed in this case, applicant is in jail since 18/04/2025 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 he would submit that charge sheet has been filed in this case before the competent court. He would submit that the applicant has five criminal antecedents which has been explained by filing covering memo. 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 of allegation levelled against the applicant, considering the fact that applicant has five criminal antecedents, out of which two cases are disposed of and in remaining three cases, the applicant is on bail, period of detention of the applicant since 18/04/2025, charge sheet has been filed and also considering the fact that trial 4 is likely to take 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- Rahul Ranjan, involved in Crime No.384/2023 registered at Police Station Mana Camp, Raipur (C.G.) for the offence punishable under Sections 407, 34 of IPC, be released on bail on his furnishing a personal bond with two local 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 Section 84 of BNSS. is issued and the applicant fails to 5 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of receipt of this order in accordance with law, if there is no legal impediment. 9. 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