Nafr High Court
Case Details
1 2025:CGHC:3134 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8933 of 2024 Vikram Singh S/o Abhay Singh Aged About 28 Years R/o Domanhill Chirmiri Police Station- Chirmiri, District- Koriya, C.G. versus ... Applicant State of Chhattisgarh Through- Station House OfÏcer, Police Station Police Station- Chirmiri, District- Koriya, C.G. ... Non-Applicant For Applicant
Legal Reasoning
: Mr. Shakti Raj Sinha, Advocate. For Non-Applicant : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice 17.01.2025 Order on Board 1. The applicant has preferred this First Bail Application 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. 203/2024, registered at Police Station : Chirmiri, District- Koriya, (C.G.) for the offence punishable under Sections 296, 115(2), 351(2)(3), 331(6), 109, 190 and 191(2)(3) of Bhartiya Nyay Sanhita, 2023 and 25 and 27 of Arms Act. 2. The case of the prosecution, in brief, is that the complainant, Parminder Singh, lodged a report at Chirmiri Police Station on RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.20 10:48:50 +0530 2 19.07.2024 at 11:30 PM, stating that at around 10:45 PM on the same day, he was near his house when his nephew, Amrik Singh, was returning home with his children after a walk. On the way, two persons started abusing Amrik Singh, questioning how he was driving his scooty. Hearing the commotion, the complainant came out of his house and saw that Amrik Singh was parking his scooty with his child. When the complainant asked the abusers to leave, they went away. However, shortly thereafter, the accused persons — Rohit Singh, Amit Singh, Naveen Kumar Pandey, Shravan Jha, the applicant, and others allegedly broke the door of the complainant’s house, entered, and abused his mother and sister. They also issued threats to kill the complainant. With the intent to commit a crime, the accused persons attacked Amrik Singh: accused Amit Singh used an iron rod, Rohit Singh wielded a sword, Shravan Jha used a stick, the applicant attacked with an iron rod, and Naveen Kumar used an iron pipe. They caused serious injuries to Amrik Singh on his head and other parts of his body. When the complainant Parminder Singh, along with Kulwinder Kaur, Sukhwinder Kaur, and Jaspreet Kaur, tried to intervene, they were also beaten and injured. Based on these allegations, the offence has been registered against the applicant and co-accused persons. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that the applicant is said to have assaulted the injured persons with iron rod, and the injuries are found to be simple in nature. He further submits that the present 3 applicant has 14 criminal antecedents, out of which, he has been acquitted in 07 cases and 02 cases including present case is still pending and remaining cases of preventive action which are also disposed of. He later submitted that in the present case, co- accused persons, namely, Navin Kumar Pandey and Amit Singh have already been granted bail by this Court vide order dated 12.11.2024 passed in MCRC No. 7810/2024. Further, the charge- sheet has been filed and the applicant is in jail since 22.07.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of regular bail on the ground of parity. 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 present applicant has 14 criminal antecedents which shows that the applicant is a habitual offender. He further submitted that the present applicant assaulted the injured, resulting in grievous injuries. Therefore, the present applicant is 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 the injuries received by the injured person is found to be simple in nature, moreover, the present applicant has 14 criminal antecedents, out of which, he has been acquitted in 07 cases and 02 cases including present case is still pending and remaining 4
Decision
cases of preventive action which are also disposed of and in the present case, co-accused persons, namely, Navin Kumar Pandey and Amit Singh have already been granted bail by this Court vide order dated 12.11.2024 passed in MCRC No. 7810/2024. Further, the charge-sheet has been filed and the applicant is in jail since 22.07.2024, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail on the ground of parity. 7. Let the Applicant – Vikram Singh, involved in Crime No. 203/2024, registered at Police Station : Chirmiri, District- Koriya, (C.G.) for the offence punishable under Sections 296, 115(2), 351(2)(3), 331(6), 109, 190 and 191(2)(3) of Bhartiya Nyay Sanhita, 2023 and 25 and 27 of Arms Act, be released on bail on furnishing 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 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 sufÏcient cause, the trial court may proceed against him under 5 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. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Rahul Dewangan Sd/- (Ramesh Sinha) Chief Justice