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2025 DAILYLAW 18355 (CHH)

MANNU v. STATE OF CHHATTISGARH

MCRC/3128/2025 · 2025-04-24

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Judgment text

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1 2025:CGHC:18605 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3128 of 2025 Mannu S/o Shri Krishna Lohar Aged About 27 Years R/o Chichidana, Police Station Baroda, District Sonipat, Haryana. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer Police Station Gandhinagar, District Surguja, Chhattisgarh. ... Non-Applicant For Applicant : None. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 24.04.2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.12/2025, registered at Police Station – Gandhinagar, Tahsil Ambikapur, District Surguja (C.G.) for the offence punishable under Sections 308(5), 61(2) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act. 2 The case of the prosecution, in brief, is that on 02.01.2025, 3 unknown PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.04.25 17:39:27 +0530 2 individuals came to the shop of the complainant at around 11 AM and threatened him to give them 10 lakh rupees, which they require to release their friends from jail who have been arrested in some other case and left their shop by further giving death threat to the complainant if he does not fulfil their demand. 3 None appears nor any representation made on behalf of the applicant to press this present bail application on the repeated calls. 4 The learned State counsel submits that the Registry has reported the present bail application to be default on account of the fact that it is not maintainable as the applicant had preferred bail application under Section 480 of BNSS which has been rejected by the learned Judicial Magistrate First Class, Ambikapur, District – Surguja, against which the applicant had a remedy under Section 483 of BNSS before the Sessions Court, hence, the present bail application is not maintainable. 5 I have heard learned State counsel and perused the documents available on record. 6 Taking into consideration the facts that the Registry has reported the present bail application to be default on account of the fact that it is not maintainable as the applicant had preferred bail application under Section 480 of BNSS which has been rejected by the learned Judicial Magistrate First Class, Ambikapur, District – Surguja, against which the applicant had a remedy under Section 483 of BNSS before the Sessions Court, hence, the present bail application is not maintainable. 7 Accordingly, the bail application of the applicant - Mannu involved in Crime No.12/2025, registered at Police Station – Gandhinagar, Tahsil Ambikapur, District Surguja (C.G.) for the offence punishable under 3 Sections 308(5), 61(2) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act, is dismissed as not maintainable. 8 OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. 9 After passing of the order, Mr. Shikhar Shukla, counsel for the applicant states that his presence may be marked. Sd/- (Ramesh Sinha) Chief Justice Preeti