1 2025:CGHC:18850 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3180 of 2025 Rahul Mehta S/o Pramod Mehta Aged About 19 Years R/o Village Mahavirganj, Police Station- Amba, District Aurangabad, Bihar. ... Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer, Police Station- Ramanujganj, District Balrampur-Ramanujganj, Chhattisgarh. ... Non-Applicant(s) For Applicant : Mr. Dharmesh Shrivastava, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/04/2025 1. This is the first 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. 176/2024 registered at Police Station- Ramanujganj, District- Balrampur-Ramanujganj (C.G.), for the offence punishable under Sections 309(6), 310(6), 311, 312 of Bhartiya Nyaya Sanhita and Section 25 and 27 of Arms Act. 2. Case of the prosecution, in brief, is that on 11.09.2024 complainant Rajesh Kumar Soni lodged a report before the Police Station KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Ramanujganj, District Balrampur-Ramanujganj alleging inter-alia that he has a jewellery shop in the titled as Rajesh Jewellers in front of Gandhi Stadium at Ramanujganj. It is alleged that on 11.09.2024 at about 1.15 pm afternoon he was sitting in his shop then three unknown persons having pistols on their hands entered into the shop. One of the co- accused persons assaulted on head of the complainant by pistol due to which blood was oozing out and two other persons entered into counter and subsequently entered into locker and that time the key was afÏxed with the locker due to which the accused persons easily looted the golden chains, rings, necklaces, nathiya-bali and all golden and silver ornaments and cash amounting to Rs. 7 lakh in a yellow colour bag and thereafter escaped from there. One of them has asked him regarding one Daulat then the complainant disclosed them that he is his brother and then one the accused persons told him that both will be murdered. At the time of incident two customers were present in the shop who were Laleshwar Gupta and his wife of Village Chaki who are witnesses to the incident. The accused persons also snatched chain and ring of customers and one of mobile phones of complainant was also taken by the accused persons. It was alleged that the jewellary was worth about Rs. 2.85 crores. It was stated in the application that one of the accused persons was having small beard and he was having a heavy body and another person was having red colour napkin and he was not having hairs on his head and last third person was having half shirt and he was a person of fit and healthy body. It was disclosed in the application that bill of the 3 looted ornaments will be produced later on and it was prayed before the Station House OfÏcer, Police Station Ramanujganj to take steps against the accused persons. On the basis of wirtten report, the police registered an offence bearing Crime No. 176/2024 on 11.09.2024 under Section 309(6) of Bharatiya Nyaya Sanhita, 2023 and Section 25, 27 of Arms Act against three unknown persons investigation was initiated. During the course of investigation, the co-accused was taken into custody by the police on the basis of memorandum statement of other co-accused persons and his memorandum statement was recorded by the police and subsequently on the basis of memorandum, some ornaments was recovered from the possession of the present applicant. The police arrested the applicant and other co-accused persons. Bills of golden and silver ornaments were seized from the possession of the complainant, statement of the witnesses were recorded and after completion of the entire investigation, charge-sheet has been filed before the learned Chief Judicial Magistrate, Ramanujganj, District - Balrampur-Ramanujganj (C.G.). 3. Learned counsel for the applicant submits that the present applicant is innocent, he has not committed any offence, he has been falsely implicated in the aforesaid case. He further submits that from bare perusal of the entire charge-sheet/challan shows that the police failed to establish its case that the 8 accused persons are involved in this case out of which 3 have entered into the shop and police also failed to establish regarding role of the present applicant in crime in question. He further submits that similarly placed co- 4 accused person namely Anjani Ekka has been granted bail by this Court on the ground that she has no criminal antecedent and conclusion of trial may takes some more time, though it was also considered that the co-accused was a lady and thereafter other similarly co-accused persons namely Arvind Kumar and Rahul@ Shyam Paswan has been granted bail by this Court as the alleged role attributed by the present applicant is similar to the co- accused Anjani Ekka, Arvind Kumar and Rahul@ Shyam Paswan that all of them are involved in crime in question for commission of conspiracy and loot, therefore, the present applicant is also entitled to be enlarged on bail on the ground of parity. 4. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits that the present applicant belongs to the State of Bihar and his criminal antecedent has not been brought from there further in the present case charge-sheet has been filed before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 03.10.2024 and the recovery made from the applicant and further the fact that the co-accused namely Anjani Ekka and Arvind Kumar have already been granted bail by this Court being MCRC Nos. 8173/2024 and 1911/2025 vide its order dated 08.01.2025 and 07.03.2025 respectively and the case of the applicant is better than that the case of co-accused who have been granted 5 bail and in the present case, charge-sheet has been filed before the competent Court, thus, without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. Let the applicant – Rahul Mehta, involved in Crime No. 176/2024 registered at Police Station- Ramanujganj, District- Balrampur- Ramanujganj (C.G.), for the offence punishable under Sections 309(6), 310(6), 311, 312 of Bhartiya Nyaya Sanhita and Section 25 and 27 of Arms Act., be released on bail on his furnishing a personal bond with two local 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, 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 6 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 send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal