Nafr High Court
Case Details
1 2025:CGHC:5846 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8086 of 2024 Pardeshi Gond @ Tiger S/o Nanhe Gond Aged About 21 Years R/o Purani Basti, Bharat Pipar Muhalla, Akaltara, District- Janjgir-Champa, Chhattisgarh. --- Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Baloda, District – Janjgir-Champa, Chhattisgarh. --- Non-applicant MCRC No. 8884 of 2024 Pardeshi Gond S/o Nanhe Gond Aged About 21 Years R/o Purani Basti, Akaltara, Police Station Akaltara, District : Janjgir-Champa, Chhattisgarh ---Applicant Versus RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI State of Chhattisgarh Through The District Magistrate, Janjgir (Station House OfÏcer, Police Station Baloda, District – Janjgir-Champa) Chhattisgarh. --- Non-applicant MCRC No. 8897 of 2024 Pardeshi Gond S/o Nanhe Gond Aged About 21 Years R/o Purani Basti, Akaltara, Police Station Akaltara, District : Janjgir-Champa, Chhattisgarh ---Applicant Versus State of Chhattisgarh Through The District Magistrate, Janjgir (Station House OfÏcer, Police Station Akaltara, District – Janjgir-Champa) Chhattisgarh. --- Non-applicant 2 MCRC No. 9050 of 2024 Pardeshi Gond S/o Nanhe Gond Aged About 21 Years R/o Purani Basti, Akaltara, Police Station Akaltara, District : Janjgir-Champa, Chhattisgarh ---Applicant Versus State of Chhattisgarh Through The District Magistrate, Janjgir (Station House OfÏcer, Police Station Akaltara, District – Janjgir-Champa) Chhattisgarh. ---- Respondent For Applicants
Legal Reasoning
: Mr. N.K. Chatterjee, Advocate For Non-applicants/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.01.2025 1. Since all the the bail applications are arising out of similar incidents registered at different Police Stations and also the applicant is same in all the bail applications but their crime numbers are different, they are being heard and decided by this common order. 2. MCRC No 8086/2024 - The applicant has preferred this First Bail Application under Section 483 of the BNSS for grant of regular bail, as he has been arrested in connection with Crime No.337/2024, registered at Police Station – Baloda, District – Janjgir-Champa (C.G.) for the offence punishable under Sections 331(3), 305(1) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 3. MCRC No 8884/2024 - The applicant has preferred this First Bail Application under Section 483 of the BNSS for grant of regular bail, as he has been arrested in connection with Crime No.336/2024, registered at Police Station – Baloda, District – Janjgir-Champa (C.G.) for the offence punishable under Sections 331(2), 305(A), 317 read with Section 3(5) of the BNS. 3 4. MCRC No 8897/2024 - The applicant has preferred this First Bail Application under Section 483 of the BNSS for grant of regular bail, as he has been arrested in connection with Crime No.427/2024, registered at Police Station Akaltara, District – Janjgir-Champa (C.G.) for the offence punishable under Sections 331(3), 305(A) read with Section 3(5) of the BNS. 5. MCRC No 9050/2024 - The applicant has preferred this First Bail Application under Section 483 of the BNSS for grant of regular bail, as he has been arrested in connection with Crime No.410/2024, registered at Police Station Akaltara, District – Janjgir-Champa (C.G.) for the offence punishable under Sections 331(4), 305(A), read with Section 3(5) of the BNS. 6. Case of the prosecution, in brief, is that the complainants have lodged report at the Police Stations concerned alleging inter-alia that some unknown persons have committed crime of theft of money in cash, gold and silver ornaments, LED TV, Mangalsutra and 10 pieces of Butter Dana, from their houses, during the course of investigation, the applicant was taken into custody and on the basis of his memorandum, and he was found to be involved in other similar offences, hence, different crime numbers were registered against him at different Police Stations. Hence, this application. 7. The learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and the charge-sheet has been filed in the present case. It is further submitted that the offence was registered against the unknown persons and merely on the basis of the suspicion, the applicant has been arrested by the Police whereas no such offence has been committed by the him. It is further submitted that 4 there are a total of 6 criminal antecedents of the applicant out of which in one case the applicant has been granted bail by this Court vide order dated 12.12.2024 in MCRC No. 8038/2024, and 4 cases are listed today including the present one. The applicant is in jail in the present cases since 01.10.2024, and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 8. On the other hand, learned State counsel appearing for the respondent/State opposes the bail application and submits that the applicant is involved in 6 criminal cases out of which four are listed today, and further in the present cases the complainants have lodged report at the Police Stations concerned alleging inter-alia that some unknown persons have committed crime of theft of money in cash, gold and silver ornaments, LED TV, Mangalsutra and 10 pieces of Butter Dana, from their houses, during the course of investigation, the applicant was taken into custody and on the basis of his memorandum, and he was found to be involved in other similar offences, hence, different crime numbers were registered against him at different Police Stations. As such, the present applicant is not entitled for grant of bail. 9. I have heard learned counsel appearing for the parties and perused the case diary. 10. Taking into consideration the facts and circumstances of the case and also considering the fact that the offence was registered against the unknown persons and merely on the basis of the suspicion, further there are a total of 6 criminal antecedents of the applicant out of which in one case the applicant has been granted bail by this Court vide order dated 12.12.2024 in MCRC No. 8038/2024, and 4 cases are listed today including the present one, the applicant is in jail in the present cases 5 since 01.10.2024, and the trial is likely to take some time for its conclusion, thus, this Court is of the opinion that the applicant is liable to be enlarged on regular bail in the present cases. 11. Accordingly, the applicants – Pardeshi Gond @ Tiger involved in Crime Nos. 337/2024, 336/2024, 427/2024 and 410/2024, respectively, registered at Police Station – Baloda, District – Janjgir-Champa (C.G.) and Police Station – Akaltara, District – Janjgir-Champa (C.G.) for the offence punishable under Sections 331(3), 305(1) read with Section 3(5) of the BNS, Sections 331(2), 305(A), 317 read with Section 3(5) of BNS, Sections 331(3), 305(A) read with Section 3(5) of BNS, and Sections 331(4), 305(A), read with Section 3(5) of BNS, respectively, be released on bail on his furnishing a 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 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, 6 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. 12. 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 Rajshekhar