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2025 DAILYLAW 22899 (CHH)

VISHAL v. STATE OF CHHATTISGARH

MCRC/3820/2025 · 2025-07-08

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Judgment text

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1 2025:CGHC:31684 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3820 of 2025 1 - Vishal S/o Haricharan Aged About 40 Years R/o Village Gala, P.S.- Pathalgaon, District Jashpur, Chhattisgarh. 2 - Suresh Banjara S/o Mewalal Banjara Aged About 45 Years R/o Juraf Ganj, Thana Koda, District Katihar (Bihar), Present Address Pathalgaon, District Jashpur, Chhattisgarh. ---Applicants versus 1 - State Of Chhattisgarh Through Police Station Kotwali, District Korba, Chhattisgarh. --- Respondent MCRC No. 4072 of 2025 1 - Rahul Banjara S/o Rajkumar Banjara Aged About 45 Years R/o Village Jurafganj, Kotha, Kathiyar (Bihar), At Present Resident Of Patthalgaon, District- Jashpur (C.G.) ---Applicant Versus 1 - State Of Chhattisgarh Through- The Station House Officer, Police Of Police Station Kotwali, District- Korba (C.G.) --- Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Vikas Kumar Pandey and Mr. Anil Gulati, Advocate For Respondent : Mr. Hariom Rai, Panel Lawyer VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/07/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No.118/2025 registered at Police Station – Kotwali, District-Korba (C.G.) under Sections 309(4) of BNS.2023. 2. Case of the prosecution, in brief, is that on 25.02.25 the complainant namely Apikar Kerketta has lodged the report against the unknown person stating that when he was carrying money of Rs.90,000/- on his bag at that time some unknown person came and looted from bag and ran away from the spot. Thereafter the police has lodged the F.I.R. against the unknown person and after investigation police has arrested the applicants for aforesaid offence. 3. It has been argued by learned counsel for the applicants that the applicants have been falsely implicated in this case and no seizure has been made from the possession of the applicants. He further submits that they have not looted any bag nor any test identification parade has been conducted. The applicants are having no previous criminal antecedents and they are in jail since 03.03.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 3 4. On the other hand, learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and also endorse the said submission that when the complainant was carrying money of Rs.90,000/- on his bag at that time applicants came and looted from bag and ran away from the spot. He further submits that Rs.80,000/- has been seized from the possession of the present applicants and further the State counsel would submit that one other co-accused person is absconded in crime in question, therefore, the present applicants are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and considering the fact that the complainant was carrying money of Rs.90,000/- on his bag at that time applicants came and looted from bag and ran away from the spot and Rs.80,000/- has been seized from the possession of the present applicants one other co-accused person is absconded in crime in question, therefore, I am not inclined to grant regular bail to the present applicant. 7. Accordingly, the first bail application of the applicants– Vishal, Suresh Banjara and Rahul Banjara filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No.118/2025 registered at Police Station – Kotwali, District- 4 Korba (C.G.) under Sections 309(4) of BNS.2023, is rejected. Sd/- Sd/- (Ramesh Sinha) Chief Justice vaishali