Nafr High Court
Case Details
KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 1 2025:CGHC:46913 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7314 of 2025 Suraj Choudhary S/o Kamla Prasad Choudhary Aged About 24 Years R/o Village Kudri, Police Station Nourozabad, District Umariya (M.P.) --- Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Gaurela, District Gaurela-Pendra-Marwahi Chhattisgarh --- Non-applicant(s) MCRC No. 7218 of 2025 Suraj Choudhary S/o Kamla Prasad Choudhary Aged About 24 Years R/o Village Kudri, Police Station Nourozabad, District Umariya (M.P.) ---Applicant(s) Versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Gaurela, District Gaurela-Pendra-Marwahi Chhattisgarh --- Non-applicant(s) MCRC No. 7340 of 2025 Suraj Choudhary S/o Kamla Prasad Choudhary Aged About 24 Years R/o Village Kudri, Police Station Nourozabad, District Umariya (M.P.) ---Applicant(s) Versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Gaurela, District Gaurela-Pendra-Marwahi (C.G.) --- Non-applicant(s) 2 For Applicant(s)
Legal Reasoning
: Ms. Najmi Begam, Advocate For Non-applicant(s)/State : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice 12.09.2025 Order on Board 1. Since the above three bail applications are arising out of same incidents registered at same police station and also the applicant is same in above three bail applications but their crime numbers are different, they are being heard and decided by this common order. 2. The applicant has preferred these First Bail Applications under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.90/2025, Crime No.89/2025 and 88/2025 respectively, registered at Police Station Gaurela, District- Gaurela-Pendra- Marwahi (C.G.) for the offence punishable under Sections 303(2), 111, 3(5) of B.N.S. 3. In MCRC No. 7314/2025- The case of the prosecution, in brief, is that on perusal of the original record, it is revealed that the complainant, Aditya Keshri, appeared before the police station on 13/04/2025 and submitted a written complaint to the effect that on 12/04/2025 at about 10:30 a.m., he had gone to village Samatpur, Gaurela to see his agricultural field. He parked his black Hero Splendor Plus motorcycle bearing registration No. CG-10 AR 8184 at the I.O.W. ofÏce, Gaurela. After about one hour, when he returned, the vehicle was not at the place where it had been 3 parked. He made inquiries in the nearby area, but the vehicle could not be traced. It was alleged that the said vehicle of the applicant had been stolen by some unknown person. On the basis of the aforesaid written report of the complainant, Police Station Gaurela registered Crime No. 90/2025 against an unknown accused under Section 303(2) of the Bharatiya Nyaya Sanhita (B.N.S.), and the matter was taken up for investigation. 4. In MCRC No. 7218/2025- The case of the prosecution, in brief, is that on perusal of the original record, it is revealed that the complainant, Pravesh Kumar Gupta, appeared before the police station on 09/04/2025 and submitted a written complaint to the effect that his two-wheeler vehicle, a Honda Shine of carbon grey colour bearing registration No. CG-16 CP-7977, on the mudguard of which it was inscribed in red colour “Hare Ka Sahara Baba Shyam Hamara,” is registered in his name. He had parked the said vehicle on 05/04/2025 at about 07:30 a.m. near the Pendraroad Railway Station and went inside the train to sell grams. When he returned at about 10:00 a.m., he found that his vehicle was not there. It was alleged that some unknown thief had stolen the said vehicle, and despite making inquiries in the nearby area, the vehicle could not be traced. On the basis of the aforesaid written report of the complainant, Police Station Gaurela registered Crime No. 89/2025 against an unknown accused under Section 303(2) of the Bharatiya Nyaya Sanhita (B.N.S.), and the matter was taken up for investigation. 5. In MCRC No. 7340/2025- The case of the prosecution, in brief, is 4 that on perusal of the original record, it is revealed that the complainant Krishna Kumar appeared before the police station on 08/04/2025 and submitted a written complaint to the effect that on 07/04/2025 at about 10:30 a.m., he had parked his motorcycle HF Deluxe bearing registration No. CG-10-AZ-4414, engine No. HA11ESLGJ08112, chassis No. MBLHAW145LGJ12440, valued at about ₹30,000/-, near the Railway Rest House, locked it, and went to perform duty on the railway track. After performing duty, when he returned at about 11:00 a.m., he found that the motorcycle was not at the place where it had been parked. It was alleged that some unknown person had broken the lock of his motorcycle and stolen it. On the basis of the aforesaid written report of the complainant, Police Station Gaurela registered Crime No. 88/2025 against an unknown accused under Section 303(2) of the Bharatiya Nyaya Sanhita (B.N.S.), and the matter was taken up for investigation. 6. During the course of investigation, in Crime No. 95/2025 of Police Station Gaurela under Section 303(2) B.N.S., the accused applicant Suraj Choudhary, in his memorandum statement, disclosed that he along with co-accused Mohd. Shakir, had committed theft of the following motorcycles i.e. Motorcycle Honda Shine bearing registration No. CG-10 AP 4709, Motorcycle CG 8184, Motorcycle HF Deluxe bearing registration No. CG-10 AT 8433, Motorcycle Hero Honda CD Deluxe bearing registration No. CG-10 EL 3412, Motorcycle Shine bearing registration No. CG-16 5 CP 7977, Motorcycle HF Deluxe bearing registration No. CG-10 AZ 4414, Motorcycle Honda Shine bearing registration No. CG-10 AG 1751. It has been stated that these thefts were committed together with co-accused Mohd. Rashid alias Shakir. 7. Learned counsel for the applicant submits that two accused persons are involved in the present case, including the applicant. She further submits that, on the basis of memorandum statements, three separate cases have been registered against both the accused for similar offences, and all the cases are listed for hearing today. It is contended that the applicant is innocent and has been falsely implicated. The applicant has no knowledge regarding the alleged seizure of the motorcycle said to have been effected by the police. A false seizure memo has been prepared, whereas nothing has been recovered from the possession of the applicant. The applicant is in no manner involved in the alleged offence, either directly or indirectly, and has been implicated only on the ground that he is an employee of the co-accused. Except for the present cases, the applicant has no criminal antecedents. He has been in custody since 01.05.2025, and as the conclusion of the trial is likely to take considerable time, he prays for grant of bail. 8. Per contra, learned State counsel opposes the application for bail and submits that in each case/crime number, one motorcycle has been recovered from the possession of the applicant and in the present case charge-sheet has been filed before the competent Court. Accordingly, it is argued that the applicant is not entitled to be released on bail. 6 9. I have heard learned counsel for the parties and perused the case- diary. 10. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 01.05.2025 and the recovery made from him and further the fact that in the present case, charge-sheet has been filed before the competent Court and except the aforesaid cases, the applicant has no criminal antecedent and no further interrogation is required and the trial is likely to take some time for its conclusion, therefore without further commenting anything on merits, I am inclined to grant bail to the applicant. 11. Let applicant, Suraj Choudhary, involved in Crime No.90/2025, Crime No.89/2025 and 88/2025 respectively, registered at Police Station Gaurela, District- Gaurela-Pendra-Marwahi (C.G.) for the offence punishable under Sections 303(2), 111, 3(5) of B.N.S., be released on bail on furnishing personal bond with two sureties in each case 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 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 7 his counsel. In case of his absence, without sufÏcient 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 sufÏcient 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.OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Kunal Sd/- (Ramesh Sinha) Chief Justice