Motinagar Para, Raipur, Raipur Chhattisgarh v. State Of Chhattisgarh Through Station House Officers P.S. Civil Line Thana Distr
Case Details
GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.22 11:00:26 +0530 1 2025:CGHC:48398 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7075 of 2025 Aamirul Karim S/o Anwarul Karim Aged About 28 Years R/o Village Motinagar Para, Raipur, Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officers P.S. Civil Line Thana District - Raipur Chhattisgarh ... Respondent For Applicant For
Legal Reasoning
: Ms. Jaya Gupta, Advocate. : Shri Malay Jain, PL. Respondent/State For objector : Shri Mayank Chandrakar, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/09/2025 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.280/2025 registered at Police Station P.S. Civil line, Raipur, District Raipur (C.G.) for the offence punishable under Sections 281, 296, 115(5), 351(2), 126 (2), 3(5), 61, 62, 140 of BNS. 2. Case of the prosecution, in brief, is that a case has been registered against the accused at Civil Line Police Station, Raipur, under Crime No. 280/2025, under Sections 281, 296, 115(5), 351(2), 126(2), 3(5), 61, 62, and 140 of the Bharatiya Nyaya Sanhita (BNS). Complainant, 2 Pallav Sahu, reported to the police station that on 19/06/2025, while driving his car (CG 04 ND 7842), two unknown boys on an Activa collided with his car and abused him, using filthy language and threatening to kill him. They allegedly beat him with iron rods, causing injuries to his knees and hands. Based on the complainant's report, a case was registered against unknown Activa riders under Sections 281, 296, 115(5), 351(2), 126(2), and 3(5) of the BNS. The complainant's statement was recorded, and the accused, Amirul Karim, was arrested along with other accused persons and later released on bail bond on May 29, 2025. During the investigation, the police recorded the complainant's supplementary statement, collected CCTV footage, and took memorandum statements from the accused on 30/06/2025 and technical evidence led to the addition of Sections 61, 62, and 140 of the BNS. 3. Learned counsel for the applicant submits that initially, in the aforesaid FIR No. 0280/2025, the applicant along with other accused persons was implicated without the addition of Sections 61, 62, and 140 of BNS, 2023. They were released on bail (muchalka) on 29th June 2025 by the police station. However, on 30th June 2025, the police called the accused persons, including the applicant, to the police station under the pretext of signing some documents and upon their arrival, the police added the aforesaid new sections (61, 62, and 140 of BNS) and re-arrested them in the same FIR. She would submit that this re-arrest was conducted without obtaining any prior order from the court that had granted the initial bail, rendering it illegal and violative of the applicant’s fundamental rights. She would submit that the applicant is 3 in jail since 14/06/2025 and conclusion of trial will take some time, therefore, she 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 further submit that the vehicle in question which was used for the crime belong to the applicant and the applicant has not caused any injuries to the victim. 5. 6. Learned counsel for the objector opposes the prayer for grant of bail. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, considering the fact that the vehicle in question which was used for the crime belong to the applicant and the applicant has not caused any injuries to the victim, period of detention of the applicant since 14/06/2025, charge sheet has been filed and also considering the fact that trial 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. 8. Accordingly, the bail application is allowed and it is directed that the Applicant- Aamirul Karim, involved in Crime No.280/2025 registered at Police Station P.S. Civil line, Raipur, District Raipur (C.G.) for the offence punishable under Sections 281, 296, 115(5), 351(2), 126 (2), 3(5), 61, 62, 140 of 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 applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence 4 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 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. gouri Sd/- (Ramesh Sinha) CHIEF JUSTICE