Jashpur (C.G.) v. State of Chhattisgarh Through The Station House Of
Case Details
1 2025:CGHC:48338 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7581 of 2025 1. Annu Surya D/o Kaleshwar Ram, Aged About 27 Years R/o Village - Uparkanpa, Police Chouki - Dokada, Police Station - Kansabel, District - Jashpur (C.G.) 2. Anuradha D/o Kaleshwar Ram, Aged About 23 Years R/o Village - Uparkanpa, Police Chouki - Dokada, Police Station - Kansabel, District - Jashpur (C.G.) .. Applicants versus State of Chhattisgarh Through The Station House OfÏcer, Police Station - Sarkanda, District - Bilaspur (C.G.) ... Non-applicant For Applicants
Legal Reasoning
: Mr. Paras Mani Shriwas, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 19.09.2025 1. This is the First bail application filed under Section 483 of the Bhartiya ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.19 19:04:40 +0530 Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 961/2025 registered at Police Station : Sarkanda, District Bilaspur (C.G.) for the offence punishable under Section 318(2), 112(2), 61(2) of the Bhartiya Nyaya Sanhita, 2023 and Section 66(C), 72 of the Information Technology Act and Section 3, 9 of the Chhattisgarh Public Examination (Prevention of Unfair Means) Act 208 Act. 2 2. The case of the prosecution, in brief, is that on 13.07.2025, the complainant, namely P. Mandal, made a written complaint at Police Station Sarkanda stating that he was posted as In-Charge Principal at Government Boys Higher Secondary School, Muktidham Chowk, Sarkanda. On the said date, an examination for the post of Sub-Engineer (Civil), Sub-Engineer (Electrical), and Sub-Engineer (Electrical and Mechanical) was organized, in which one Annu Surya also participated. Meanwhile, information was received that one Ku. Anuradha was helping Annu Surya to solve the question paper with the help of a walkie-talkie, tablet, and a hidden electronic camera. Subsequently, the aforesaid devices were seized from the applicants, and they were arrested on the same day. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. He submits that applicants have never been prosecuted or implicated in any case whatsoever prior to this. He submits that the applicants are poor villagers belonging to the Scheduled Tribes community and have no knowledge of law. Hence, no offence is made out against the applicants, and therefore they are entitled to be released on bail. He also submits that the applicants have been made accused in the present crime solely on the basis of a false complaint lodged by the complainant. No electronic devices have been seized from the applicants. He further submits that neither any expert report has been produced by the prosecution authorities regarding the seized electronic devices, nor has any opinion been obtained to establish the involvement of the applicants in the alleged crime. He submits that the present applicants have no criminal antecedents and the are languishing in jail since 13.07.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 3 4. On the other hand learned State counsel opposes the bail application of the present applicants and submits that the charge-sheet has been submitted before the competent Court in the present case. She submits that looking the nature of crime, their application for grant of regular bail, is entitled to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case as the present applicants are women with no criminal antecedents, moreover, the fact that the charge-sheet has already been submitted in the present case before the competent Court and the present applicants have been in jail since 13.07.2025 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicants are entitled to be released on bail in this case. 7. Let applicants, Annu Surya and Anuradha, involved in Crime No. 961/2025 registered at Police Station : Sarkanda, District Bilaspur (C.G.) for the offence punishable under Section 318(2), 112(2), 61(2) of the Bhartiya Nyaya Sanhita, 2023 and Section 66(C), 72 of the Information Technology Act and Section 3, 9 of the Chhattisgarh Public Examination (Prevention of Unfair Means) Act 208 Act, be released on bail on their furnishing a personal bond with two sureties each in the like amount 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 4 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 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. Sd/- (Ramesh Sinha) Chief Justice Abhishek