Rupesh Sahu S/o Anuj Sahu Aged About 28 Years R/o Mangal Bazar Behind Sumit v. MCRC No. 72
Case Details
1 / 5 2025:CGHC:47810 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5062 of 2025 Rupesh Sahu S/o Anuj Sahu Aged About 28 Years R/o Mangal Bazar Behind Sumit Bazar, Gudhiyari . District - Raipur (Chhattisgarh) Permanent R/o Lejwara, P.S. Berla District- Bemetara, Chhattisgarh ---Applicant State Of Chhattisgarh Through Station House Officer, Police Station Gudhiyari , Raipur District- Raipur (C.G.) ---Non-applicant versus MCRC No. 7268 of 2025 Hulesh Dewangan S/o Late Harakh Ram Dewangan Aged About 45 Years R/o Murrabhatti, Police Station - Gudhiyari, Distt.- Raipur (C.G.) ---Applicant Versus State Of Chhattisgarh Through Police Station- Gudhiyari District- Raipur (C.G.) ... Non-applicant For Respective Applicants
Legal Reasoning
: Mr. Ravipal Maheshwari & Mr. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Himanshu Thakur, Advocate. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.18 11:37:19 +0530 Hon'ble Shri , Chief Justice Ramesh Sinha Order on Board 17.09.2025 2 / 5 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. 291/2025, registered at Police Station : Gudhiyari District – Raipur (C.G.) for the offence punishable under Sections 309(4), 127(2) & 3(5) of BNS. 2. As per the prosecution story in MCRC No. 5062 of 2025, the complainant has made complaint to the concerned. police station alleging inter-alia is that 03.06.2025 when he was going by his scooty vehicle bearing registration no. C.G. 04 P. X. 2558 at house of owner Amit Kumar Goyal to drop some amount, and at that time some unknown person came and take over take of said scooty and stopped the vehicle and looted scooty in which kept amount of Rs. 8,75,800/- from the complainant and thereafter, they run away from the spot. Based upon the such complaint, police has registered the offence u/s. 309 (2), 127(2), 3(5) of B.N.S. against the unknown persons and during investigation, the police has arrested the present applicant on the basis of memorandum of the statement. 3. As per the prosecution story in MCRC No. 7268 of 2025, it is alleged by complainant Suraj Sahu that he works as a clerk in Tanish Enterprises. On the incident date 03.06.2025, the applicant Suraj Sahu after settling the office accounts, the owner Amit Kumar Goyal asked him through phone to bring the remaining cash amount of Rs. 8,75,800/- and drop it at his house in Anna Chowk Gudhiyari. The applicant put the said amount in the trunk of his Ola company scooty 3 / 5 number CG 04 PX 2558 in a white colour chain, He was leaving the office after keeping the money in the bag when he reached near Naya Talab ahead of the stoppage via Telghani Naka Chowk when the rider of a motorcycle coming from behind overtook him and brought him in front of the Complainant's scooter and forcibly stopped him. The man sitting behind the motorcycle showed him a knife and made him get down and pushed him down and forcibly looted the cash amount of Rs. 8,75,800/- kept in his scooter and fled with the scooter. Both men had covered their faces with cloth. The number of the said motorcycle is CG 04 LM 7641. 4. The applicants are innocent and have been falsely implicated in the instant case as their names are not mentioned in the FIR and they have been connected only on the basis of memorandum statements without any direct evidence. No incriminating article or amount has been seized from their possession, and the investigation has been conducted in a perfunctory manner, resulting in a false case based on suspicion and fabricated allegations arising out of prior disputes. The charge-sheet has already been filed, and there is no likelihood of the applicants tampering with the prosecution evidence or witnesses. Both applicants are permanent residents of the address mentioned in the cause title, with no chance of absconding and they are in jail since 04.06.2025, therefore, they prays for grant of regular bail to the present applicants. 5. 6. On the other hand learned State counsel opposed the bail application of the present applicants. I have heard learned counsel for the parties and perused the case 4 / 5 diary. 7. Taking into consideration the submissions made by learned counsel for the parties, further considering the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicants, moreover, the fact that the charge-sheet has been filed before the competent Court and they are in jail since 04.06.2025 and conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Let the Applicants – Rupesh Sahu & Hulesh Dewangan involved in Crime No. 291/2025, registered at Police Station : Gudhiyari District – Raipur (C.G.) for the offence punishable under Sections 309(4), 127(2) & 3(5) of BNS, be released on bail on furnishing personal bond with two local 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 sufficient 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 5 / 5 during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued 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 sufficient 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. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Vaibhav Sd/- (Ramesh Sinha) Chief Justice