Nafr High Court
Case Details
1 2025:CGHC:43912 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6845 of 2025 1 - Surendra @ Chinu Patel S/o Shri Bedram Patel Aged About 25 Years R/o Village- Aouraikala Chowki, Naila, Tahsil - Balouda, Distt.- Janjgir- Champa (C.G.) 2 - Ravi @ Ravishankar Bareth S/o Shri Jaikaran Bareth Aged About 19 Years R/o Village- Aouraikala Chowki, Naila, Tahsil - Balouda, Distt.- Janjgir-Champa (C.G.)
Legal Reasoning
3 - Rajesh Patel S/o Shri Ramdulari Aged About 21 Years R/o Village- Aouraikala Chowki, Naila, Tahsil - Balouda, Distt.- Janjgir-Champa (C.G.) versus ... Applicants State of Chhattisgarh Through Station House OfÏcer, Police Station- Balouda, District- Janjgir-Champa (C.G.) ... Non-Applicant For Applicants : Mr. Vivek Kumar Shrivastava, Advocate. For Non-Applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.08.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 239/2025, registered at Police Station : Balouda, District- Janjgir-Champa, (C.G.) for the offence punishable under Sections 309(6), 126(2), 324(2) of Bharatiya Nyaya Sanhita, 2023. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2. The case of the prosecution, in brief, is that the complainant, 2 Virendra Kashyap, lodged a report alleging that on 07.06.2025, while he was travelling by motorcycle (Splendor bearing No. CG 11 AD 6026) from Village Jarve to Naila, at about 6:00 p.m., the applicants intercepted him near Pali Dam main road. It is alleged that the applicants abused him in filthy language, threatened to kill him, assaulted him with hands, fists, a belt, and a club, and looted Rs.10,000/- in cash, a silver chain, and a mobile phone. They also caused damage to the complainant’s motorcycle. Upon completion of investigation, charge-sheet has been filed against the applicants. 3. Learned counsel for the applicants submits that the applicants are innocent persons and have been falsely implicated in the present case. It is contended that the complainant was having previous animosity with the applicants, and due to this enmity, they have been falsely roped in the offence. It is further submitted that though the alleged incident is said to have taken place on 07.06.2025, the report was lodged only on 09.06.2025, after a delay of two days, which clearly indicates that the FIR was lodged after due deliberation and consultation, in order to falsely implicate the applicants. He further submits that applicant No.01 has 03 previous criminal antecedents of the years 2021, 2024 and 2025 under the IPC which are pending and applicants No.2 and applicant No.3 have only 01 case under the BNS. He also submits that the present applicants are in jail since 09.06.2025, the investigation has already been completed and the charge-sheet has been filed and conclusion of the trial may take some time, therefore, he prays for 3 grant of regular bail to the applicants. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. He further submits that the complainant was intercepted near Pali Dam road by the applicants, who abused, assaulted, threatened him, looted cash and valuables, and damaged his motorcycle. He further submits that applicant No.01 has 03 previous criminal antecedents of the years 2021, 2024 and 2025 under the IPC which are pending and applicants No.2 and applicant No.3 have 01 case under the BNS, which shows that the applicants are habitual offender. Therefore, the present applicants are not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that though the the complainant was intercepted near Pali Dam road by the applicants, who abused, assaulted, threatened him, looted cash and valuables, and damaged his motorcycle, but the injuries received by the injured person is found to be simple in nature and the applicant No.01 has 03 previous criminal antecedents of the years 2021, 2024 and 2025 under the IPC which are pending and applicants No.2 and applicant No.3 have 01 case under the BNS, which was explained in the para No.4(a) and the charge-sheet has been submitted before the competent Court and 4 the applicants are in jail since 09.06.2025, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicants are entitled to be released on regular bail in this case. 7. Let the Applicants – Surendra @ Chinu Patel, Ravi @ Ravishankar Bareth and Rajesh Patel, involved in Crime No. 239/2025, registered at Police Station : Balouda, District- Janjgir- Champa, (C.G.) for the offence punishable under Sections 309(6), 126(2), 324(2) of Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued 5 and the applicants fail to appear before the court on 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 concerned for necessary information and compliance forthwith. Rahul Dewangan Sd/- (Ramesh Sinha) Chief Justice