1 2025:CGHC:20986 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1841 of 2025 1. Rahul Namdev S/o Pankaj Namdev Aged About 21 Years R/o Chakrbhatha Camp Ward No. 11 P.S. Chakarbhatha District - Bilaspur (C.G.) --- Applicant (In jail) versus 1. State Of Chhattisgarh Through Sho P.S. Sirgitti District - Bilaspur (C.G.) --- Non-applicant For Applicant : Mr. Raj Kumar Gupta, Advocate For Non-applicant : Mr. K.P. Gupta, Govt. Advocate For Objector : Mr. A.K. Yadav, Advocate SB: Hon’ble Mr. Justice Parth Prateem Sahu Order on Board 07.05.2025 1. Pursuant to the order passed by this Court on 3.4.2025, the affidavit of the Director General, Prison and Correctional Services Chhattisgarh, Raipur has been filed. 2. Learned State Counsel would submit that after coming to know about the misconduct committed by Shri Sameer Rautiya, Warder, Central Jail Bilaspur, a departmental action against him has been taken and departmental enquiry is 2 initiated after issuance of charge sheet. Copy of charge sheet is filed as Annexure A-3 to affidavit. He also contended that the Enquiry Officer and the Presenting Officer are also appointed vide order dated 18.4.2025 (Annexure A-4). He further contended that action against said Shri Sameer Rautiya has already been taken in accordance with law and appropriate orders will be passed upon completion of departmental enquiry. 3. This is first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (henceforth ‘the BNSS’) for grant of regular bail to the applicant, who is in custody in connection with Crime No.942/2024 registered at Police Station Sirgitti, Bilaspur (CG) for the offence punishable under Sections 296 and 308 (4) of the Bhartiya Nyaya Sanhita, 2023. 4. Case of the prosecution, in brief, is that the complainant lodged complaint in concerned police station to the effect that applicant is involved in a criminal case in which relatives of complainant were witnesses. After release on bail, applicant used to abuse, threat and also demanded Rs.1 Lakh from the complainant. Based on this complaint, offence under Section 296 and 308 (4) of BNS was registered against applicant and he was arrested on 29.12.2024. 3 5. Learned counsel for the applicant contends that the applicant is innocent and he has been falsely implicated. Allegations levelled against applicant are absolutely false and baseless. There is no transfer of money and therefore offence under Section 308 (4) of BNS would not be attracted. Applicant is in jail since 29.12.2024; the trial of case will take considerable time, therefore, applicant be released on bail pending trial. 6. On the other hand, the learned State counsel opposes the bail application of present applicant and submits that complainant has made complaint making specific allegation that applicant is giving threat and demanding Rs.1 Lakh from him. There is prima facie material available against the applicant for alleged offences. Apart from details of criminal antecedents given by applicant in bail application, two more crimes were registered against him i.e. Crime No.0142/2021 for the offences under Sections 294, 506, 323, 34 of IPC and Crime No.0193/2022 for the offences under Sections 294, 323, 506 & 147 of IPC. 7. Learned counsel appearing on behalf of complainant/Objector would submit that the applicant has given threat to complainant by sending letter from jail through jail employee, a copy of which is filed along with objection. He submits that there are as many six criminal antecedents against the applicant including the offence under Section 302 of IPC. 4 8. I have heard learned counsel for the parties and perused the case diary. 9. Taking into consideration the facts and circumstances of the case, particularly the allegation of complainant that applicant has given threat to him from jail; affidavit of the Director General, Prison and Correctional Services Chhattisgarh, Raipur submitted pursuant to order passed by this Court wherein it is mentioned that departmental enquiry proceeding has been initiated against the Warder of Central Jail Bilaspur for delivering letter of applicant upon complainant, I am not inclined to enlarge the applicant on regular bail at this stage. Accordingly, the bail application is rejected. 10. At this stage, learned counsel for applicant pray for a direction to expedite the trial. 11. Considering the date of arrest of applicant, nature of allegations and submission of learned counsel for the applicant, the trial Court concerned is directed to expedite the trial. Sd/- (Parth Prateem Sahu) Judge roshan/- SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI