P.S. Basantpur, Distt. Rajnandgaon Chhattisgarh v. State Of Chhattisgarh Through P.S. Balod, District Balod Chhattisgarh
Case Details
1 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN HIGH COURT OF CHHATTISGARH AT BILASPUR 2025:CGHC:46220 NAFR MCRC No. 6894 of 2025 1 - Onkar Sahu S/o Jagtu Ram Sahu Aged About 30 Years R/o Village - Mahud, P.S. Arjunda, Distt. Balod Chhattisgarh 2 - Mintu Kumar Paswan S/o Motilal Paswan Aged About 25 Years R/o Nandai Chowk Chaukhdiyapara, Rajnandgaon, P.S. Basantpur, Distt. Rajnandgaon Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through P.S. Balod, District Balod Chhattisgarh ... Non-Applicant(s) For Applicants
Legal Reasoning
granted bail by this Court in MCRC No. 6522/2025 and MCRC No. 6729/2025, vide its order dated 19.08.2025 and 26.08.2025 4 respectively and the case of the applicants are alomost similar to that co-accused and in the present case, charge-sheet has been filed before the competent Court and the conclusion of the trial is likely to take some time thus, without further commenting anything on merits, I am inclined to grant bail to the applicants. 7. Let the applicants – Onkar Sahu and Mintu Kumar Paswan, involved in Crime No. 256/2025 registered at Police Station- Balod, District- Balod (C.G.), for the offence punishable under Sections 303(2), 3(5) of BNS, be released on bail on his furnishing a 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 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 misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on 5 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. 8. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith. S/- Sd/- (Ramesh Sinha) Chief Justice - Kunal
Arguments
: Mr. Shudhanshu Kumar Singh, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/09/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicants who have been arrested in connection with Crime No. 256/2025 registered at Police Station- Balod, District- Balod (C.G.), for the offence punishable under Sections 303(2), 3(5) of BNS. 2. Case of the prosecution, in brief, is that on 16/06/2025 a joint 2 investigation team of revenue department, police department, forest department and mineral department have recovered the illegal sand from the dry river situated at Gram Panchayat Mulleguda Distt. Balod and during investigation they found 2 chain Mountain Machine which lying abandoned and therefore the ofÏcials have seized it after completion of closed seal proceeding and after afÏxed the notice over the machine they handed over to the forest department and forest department has kept both the machine in their premises Naragaon and under the supervision of one forest guard Alalkhor Koliyara and on second date at about 06:00 am when the ofÏcials have went to see the machine then the machine were not found there and thereafter range forest ofÏcer has lodged report and thereafter during the investigation the co-accused have stated that they have taken the machine by loading in the Sipter machine and committed the said offence. 3. Learned counsel for the applicants submit that the present applicants are innocent and they have been falsely implicated in the case. He further submits that both the applicants are operator of the said machine and they have brought the machine for the work of agriculture from the owner namely Namitabh Jain and without any allegation and evidence of sand illegal mining the forest department has seized it and both the machine were lying as abandoned because both the operator have went for taking rest. He further submits that co accused Dev Nishad have ordered the applicants to take back the machine and he has assured the applicants that the forest departments has ordered to take back the machine. The 3 present applicants are operator of the said vehicle and they have not stolen the machine and the present applicants are innocent and they are employing under Dev Nishad and Ravi Rao and as per the instruction they have taken back the machine. He further submits that the co-accused persons namely Ravi Rao and Dev Nishad have already been granted bail by this Court in MCRC No. 6522/2025 and MCRC No. 6729/2025, vide its order dated 19.08.2025 and 26.08.2025 respectively and the case of the applicants are similar to that co-accused and they are in jail since 21.06.2025 and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail. 4. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and the applicants have no criminal antecedents however, two chain mounted Pock Land Machines have been recovered from the possession of the applicants. Hence, the applicants are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 21.06.2025 and further considering the fact that the co-accused persons namely Ravi Rao and Dev Nishad have already been