Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:22912
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3762 of 2025 Ram Prasad Patel S/o Samme Singh Patel Aged About 44 Years R/o Kapatmuda, Bhairotal, Ward No. 64, Kusmunda, Police Station- Kusmunda, District Korba, Chhattisgarh. ... Applicant. versus State Of Chhattisgarh Through Station House Officer, Police Station- Bankimongra, District Korba, Chhattisgarh. ... Respondent. For Applicant : Mr. Purushottam Suryawanshi, Advocate. For Respondent : Mr. HAPS Bhatia, Advocate. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order
on Board
10.06.2025
1. This application under Section 483 of the BNSS, 2023 has been filed by the accused/applicant who has been arrested in connection with Crime No.04/2023 registered at Police Station Bankimongra, District Korba for the offence under Sections 294, 323, 324, 325, 395 and 506 of the IPC. 2. As per the prosecution case, the complainant namely Rohit Karsh lodged an FIR on 06.01.2023 stating that on 05.01.2023 at about 06.10 p.m., while he along with other security personnel doing their duty at Balgi Workshop, they had seen that outside the boundary the present applicant Digitally signed by AJAY KUMAR DWIVEDI Date: 2025.06.10 17:20:50 +0530
2 along with other co-accused persons Banna Patel, Hira Patel, Batu Patel, Kishan Patel and others were unauthorizedly stealing the iron rods. When they tried to stop them, the accused persons assaulted them by using hands, fists and gulel (catapult). During the investigation, the co- accused was arrested and his memorandum statement has been recorded and one gulel (catapult) has been seized and present applicant was found involved in the crime in question. Based on above allegations, the aforesaid offences have been registered and applicant has been arrested. 3. Learned counsel for the applicant submits that the present applicant is innocent and he has not participated in the crime in question. He also submits that similarly situated co-accused Kishan Patel has already been released on bail by this Court vide MCRC No.4568/2023 on 18.08.2023. He also submits that the applicant is behind the bar since 26.04.2025 and the trial is likely to take considerable time in its disposal. Therefore, the present applicant may be released on bail. 4. On other hand, learned State counsel opposes the prayer for bail. However, he fairly submits that there is no criminal past of the present applicant. 5.
Having considered the submission of learned counsel for the parties and considering the facts and circumstances of the case, further considering the nature of accusation, particularly, considering that similarly situated co-accused has already been released on bail, I am inclined to grant bail to the present applicant. 3
6. Accordingly, the application is allowed and it is directed that on applicant’s furnishing a personal bond in the sum of Rs.25,000/- with Two surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail on the following conditions:- (a) he shall not act in any manner which will be prejudicial to fair and expeditious trial, (b) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of case, (c) he shall not involve himself in any offence of similar nature in future. Sd/-
(Deepak Kumar Tiwari) Judge Ajay