Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:22725
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2387 of 2025 • Ajay Kumar Dhruv S/o Amar Singh Dhruv Aged About 21 Years R/o Village- Lawar, Bhothideeh, Tahsil And Police Station- Masturi, District- Bilaspur (C.G.)
... Applicant versus • State of Chhattisgarh Through- The Station House Officer, Police Station- Masturi, District- Bilaspur (C.G.)
... Respondent For Applicant : Mr. Paras Mani Shriwas, Advocate For State : Mr. H.A.P.S. Bhatia, PL Hon'ble Shri Justice Deepak Kumar Tiwari
Order On Board 09/06/2025
1. This is the fourth bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.20/2022 registered at Police Station Masturi, District Bilaspur (C.G) for the offence under Sections 395, 120-B, 149, 397 & 455 of the Indian Penal Code and Section 25 & 27 of the Arms Act. PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.06.10 11:20:13 +0530
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2. The first bail application of the applicant was rejected on merits vide
order dated 30.06.2022 passed in MCRC No.4621/2022. The second bail application was dismissed as withdrawn with liberty to revive the same after examination of material witnesses and the trial Court is
directed to expedite the trial vide order dated 02.01.2023 passed in MCRC No.9223/2022. The third bail application was also rejected on merits vide order dated 13.10.2023 passed in MCRC No.5295/2023. 3. Prosecution case is that the present applicant was having some land dispute with the complainant Takeshwar Patle and on the complaint of Takeshwar Patle, he, his father and mother were sent to jail. When he came in contact with co-accused Ramjan (presently absconding), they hatched a conspiracy to commit dacoity in the house of the complainant and in furtherance of such conspiracy on 13.1.2022, 6 persons entered the house of the complainant and on the point of gun and knife, gold and silver ornaments worth Rs.1,40,000/- and cash amount of Rs.2,48,000/- were taken away. During investigation, call details has been obtained by the Cyber Cell and one mobile was also seized from the present applicant on his memorandum which has been used to talk with other co- accused, based upon which the aforesaid offence has been registered. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He submits that while dismissing the third bail application, this Court directed to expedite the trial, but there is no progression of the criminal trial as not a single witness has been examined till so far and the applicant is behind the bar
3 for more than 3 years since 16.01.2022. Therefore, considering the delay in trial, the applicant may be enlarged on bail. 5. Per contra, learned counsel for the State opposes the aforesaid submission. 6. Having considered the submissions of learned counsel for the parties and considering the facts and circumstances of the case, though this Court has directed to expedite trial, despite the aforesaid direction, there is no progression in the criminal trial and the applicant is behind the bar for more than 3 years, without commenting anything on the merits of the case and considering the delay in the trial, I am inclined to release the applicant on bail. 7. Accordingly, the Application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.1,00,000/- with two sureties in the like amount to the satisfaction of the trial Court.
He is directed to appear before the trial Court on each and every date given by the said Court. 8. Certified copy as per rules. Sd/-
(Deepak Kumar Tiwari)
Judge Priyanka