Nafr High Court
Case Details
1 2025:CGHC:48320 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5884 of 2025 Karan Chauhan S/o Anand Chauhan Aged About 24 Years R/o Behind Jutmil Police Station District Raigarh, C.G. versus --- Applicant State Of Chhattisgarh Through Thana In-Charge, P.S. Jutmil, District – Raigarh, C.G. --- Non-applicants Along with MCRC No. 7433 of 2025 1 - Deepak Singh S/o Rakesh Singh Aged About 20 Years R/o T.V. Tower Atarmuda, P.S. Chakradhar Nagar, Raigarh, District : Raigarh, Chhattisgarh 2 - Deepak Singh S/o Kailash Singh Aged About 29 Years R/o Behind Jutmil Police Station, P.S. Jutmil, Raigarh, District : Raigarh, Chhattisgarh Versus ---Applicants State Of Chhattisgarh Through Thana In-Charge, P.S. Jutmil, District : Raigarh, Chhattisgarh --- Non-applicants Along with MCRC No. 7258 of 2025 Akash Singh S/o Vijay Singh Aged About 30 Years R/o Labour Colony, Jutmil, Raigarh, Tahsil And District Raigarh (C.G.) Versus ---Applicant State Of Chhattisgarh Through The Station House OfÏcer, Police Station Jutmil, District – Raigarh (C.G.). --- Non-applicants RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Along with MCRC No. 6450 of 2025 Krishna Gond S/o Late Bhawan Lal Gond Aged About 38 Years R/o Fatahamuda Raigarh, District- Raigarh Chhattisgarh. Versus ---Applicant State Of Chhattisgarh Through- Police Station Jutmil Raigarh, District- Raigarh Chhattisgarh. ---- Non-applicants For Applicants :
Legal Reasoning
Mr. Rajendra Tripathi, Mr. Sanjay Kumar Yadav, and Mr. Jitendra Shukla, Advocates. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. For Complainant : Mr. Ravikar Patel, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice 19.09.2025 Order on Board 1. The applicants have preferred these First Bail Applications under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 244/2025, registered at Police Station – Jutmil, District – Raigarh (C.G.) for the offence punishable under Sections 126, 296, 115(2), 119(1), 309(6), 351(3), 191(2) and 190 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that on 12.07.2025 at about 7:30 PM, when the complainant namely Gajanand Chandra was along with his fried that time one scooty was met with accident with motorcycle and the present applicants/accused persons came there and assaulted them and demanded money for purchasing liquor and on the refusal of the said demand, the applicants assaulted him and have taken Rs.5,000/- from him, on the basis of the said crime, the FIR was registered against 3 the applicants. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants is innocent and has been falsely implicated in this case and the charge- sheet has been filed in this case. The applicants are said to have assaulted the injured with hands and fists and as per the medical reports, the injuries sustained to the injured are simple in nature. The applicants are in jail since 13.07.2025, 13.07.2025, 13.07.2025, 13.07.2025 and 12.07.2025, respectively, and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case. It is further submitted that on 12.07.2025 at about 7:30 PM, when the complainant namely Gajanand Chandra was along with his fried that time one scooty was met with accident with motorcycle and the present applicants/accused persons came there and assaulted them and demanded money for purchasing liquor and on the refusal of the said demand, the applicants assaulted him and have taken Rs.5,000/- from him, therefore, he is not entitled for grant of bail. 5. 6. I have heard learned counsel for the parties and perused all of the documents available on record. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that charge-sheet has been filed against the applicants, further the applicants are said to have assaulted the injured with hands and fists and as per the medical report, the injuries sustained to the injured are simple in nature, the applicants are in jail since 13.07.2025, 13.07.2025, 4 13.07.2025, 13.07.2025 and 12.07.2025, respectively, and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants, Karan Chauhan, Deepak Singh S/o Rakesh Singh, Deepak Singh S/o Kailash Singh, Akash Singh and Krishna Gond, involved in Crime No. 244/2025, registered at Police Station – Jutmil, District – Raigarh (C.G.) for the offence punishable under Sections 126, 296, 115(2), 119(1), 309(6), 351(3), 191(2) and 190 of the 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 applicants 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 applicants 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 applicants misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants 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 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 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. 5 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 Rajshekhar