Nafr High Court
Case Details
1 VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.03 11:08:41 +0530 2025:CGHC:43981 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6559 of 2025 • Manoj Kumar Dewangan S/o Late Chaiyabhaiya Dewangan Aged About 30 Years R/o Village Mouhar Bhatha, Police Station Jutmill, District Raigarh C.G. versus --Applicant • State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Jutmill, District Raigarh C.G. --- Respondent MCRC No. 6654 of 2025 • Manoj Kumar Dewangan S/o Late Chaiybhuiya Dewangan Aged About 30 Years R/o Village Mouhar Bhatha, Police Station Sarangarh District - Sarangarh Bilaigarh (C.G.) ---Applicant Versus • State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Chakradharnagar District - Raigarh (C.G.) --- Respondent MCRC No. 6652 of 2025 • Manoj Kumar Dewangan S/o Late Chaiyabhuiya Dewangan Aged About 30 Years R/o Village Mahour Bhatha, P.S. Sarangarh, Distt. Bilaigarh- Sarangarh, Chhattisgarh Versus ---Applicant • State Of Chhattisgarh Through The Station House Officer, P.S. Kotwali, Distt. Raigarh, Chhattisgarh, (P.S. Wrongly Mentioned In Order Impugned ) --- Respondent MCRC No. 6623 of 2025 2 • Manoj Kumar Dewangan S/o Late Chaiybhuiya Dewangan, Aged About 30 Years R/o Village Mouhar Bhatha, Police Station Sarangarh, District Bilaigarh (C.G.) ----Applicant Versus • State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Chakradhar-Nagar, District Raigarh (C.G.) --- Respondent MCRC No. 6622 of 2025 • Manoj Kumar Dewangan S/o Late Chaiybhuiya Dewangan Aged About 30 Years R/o Village Mouhar Bhatha, Police Station Sarangarh, District Sarangarh-Bilaigarh Chhattisgarh ---Applicant Versus • State of Chhattisgarh Through The Station House Officer, Police Of Police Station Jutmill, District Raigarh Chhattisgarh --- Respondent MCRC No. 6571 of 2025 • Manoj Kumar Dewangan S/o Late Chaiybhuiya Dewangan Aged About 30 Years R/o Village Mouhar Bhatha, Police Station Sarangarh, District : Sarangarh-Bilaigarh, Chhattisgarh ---Applicant Versus • State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Chakradharnagar, District : Raigarh, Chhattisgarh --- Respondent (Cause title is taken from Case Information System) For Applicants For Respondent/State : :
Legal Reasoning
Mr. Ishwar Jaiswal, Advocate Mr. Swajeet Singh Ubweja, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/08/2025 3 1. Since all the bail applications are arising out of similar incidents registered at different police stations against the applicant and his crime numbers are also different, all are being heard and decided by this common order. 2. MCRC No.6559 of 2025 - The applicant has preferred this 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. 108/2025 registered at Police Station Jutmil, District – Raigarh (C.G.), for the offence punishable under Sections 303(2), 112(2), 317(2) & 317(4) of BNS. 3. MCRC No.6571 of 2025 - The applicant has preferred this 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. 61/2025 registered at Police Station Chakradharnagar, District – Raigarh (C.G.), for the offence punishable under Sections 303(2), 112(2), 317(2) & 317(4) of BNS. 4. MCRC No.6622 of 2025 - The applicant has preferred this 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. 104/2025 registered at Police Station-Jutmil Nagar, District – Raigarh (C.G.), for the offence punishable under Sections 303(2), 112(2), 317(2) & 317(4) of BNS. 5. MCRC No.6623 of 2025 - The applicant has preferred this 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. 32/2025 registered at Police Station- Chakradharnagar, District – Raigarh (C.G.), for the offence punishable under Sections 303(2), 112(2), 317(2) & 317(4) of BNS. 6. MCRC No.6652 of 2025 - The applicant has preferred this 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 4 who has been arrested in connection with Crime No. 138/2025 registered at Police Station-Kotwali District – Raigarh (C.G.), for the offence punishable under Sections 303(2), 112(2), 317(2) & 317(4) of BNS. 7. MCRC No.6654 of 2025 - The applicant has preferred this 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. 129/2025 registered at Police Station- Chakradharnagar, District – Raigarh (C.G.), for the offence punishable under Sections 303(2), 112(2), 317(2) & 317(4) of BNS. 8. Case of the prosecution, in brief, is that different motorcycles have been stolen in different times by someone therefore, FIR has been registered against the unknown person. During the investigation of one crime No.61 of 2025, the present applicant has been arrested and 20 motorcycles were seized from co-accused persons and memorandum of the present applicant has been recorded in Crime No.61 of 2025 registered at Police Station Chakradharnagar and the same memorandum has been used in all above mentioned crime numbers and the only allegation against the applicant is that he has purchased the stolen motorcycles and as per memorandum statement, four motorcycle has been recovered from the present applicant Hence, this application. 9. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and the charge-sheet has been filed in the all cases. It is further submitted that the offence was registered against the unknown persons and merely on the basis of the suspicion and the memorandum statement of the co-accused, the applicant has been arrested by the police whereas no such offence has been committed by the applicant. He is in jail since 05.04.2025 in MCRC No.6559 of 2025, 07.05.2025 in MCRC No.6571 of 2025, 25.06.2025 in MCRC No.6622 of 2025, 05.04.2025 in MCRC No.6623 of 2025, 29.04.2025 in MCRC No.6652 of 2025, and 17.04.2025 in MCRC No.6654 of 2025 respectively. 5 He also submits that the conclusion of the trial may take quite long time. Accordingly, they prays for enlarging the applicants on regular bail. 10. On the other hand learned State counsel appearing for respondent/State opposes the bail application and submits that the applicant is involved in other similar offences, during the course of investigation, applicant’s name has come into light from the memorandum statement of the co-accused, and he was found to be involved in other similar offences, charge-sheet has been filed before the competent Court. As such, the present applicant is not entitled for grant of bail. 11. I have heard learned counsel appearing for the parties and perused the case diary. 12. Taking into consideration the fact and circumstances of the case and also considering the fact that the applicant is involved in other criminal cases of similar nature, and further in the present case the complainants have lodged a report at the police stations concerned alleging inter-alia that some unknown persons have stolen motorcycles and applicant is habitual offender and misused the liberty of bail granted to him time and again, during the course of investigation applicant’s name has came into light from the memorandum statement of the co-accused, and he was found to be involved in the aforementioned criminal cases which are of similar nature, further recovery of four motorcycle has also been recovered from the possession of the present applicant, it appears that applicant is habitual offender, thus, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 13. Accordingly, the bail application of the applicant – Manoj Kumar Dewangan involved in Crime Nos. 108/2025, 61/2025, 104/2025, 32/2025, 138/2025 and 129/2025 registered at police Station Jutmil, District – Raigarh (C.G.) and Police Station Chakradharnagar, District – Raigarh (C.G.), and Police Station-Kotwali District – Raigarh (C.G.) for the offence 6 punishable under Sections 331(4), 305, 457, 380, 411, 34, 305(A), 317(4) and 111(4)(7) of BNS are rejected. 14. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trail expeditiously. 15. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice vaishali