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2025 DAILYLAW 25124 (CHH)

ARMAN ALI v. STATE OF CHHATTISGARH

MCRC/4479/2025 · 2025-08-05

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Judgment text

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1 / 4 2025:CGHC:39278 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4479 of 2025 Arman Ali S/o Late Sheikh Abbas Ali Aged About 22 Years R/o Bajrang Bali Mandir Gali Ke Pass, Motisagar Para, P.S. Kotwali, District Korba (C.G.) ---Applicant versus State Of Chhattisgarh Through- Police Station- Civil Line Rampur, District Korba (C.G.) --- Non-applicant MCRC No. 4812 of 2025 Kishan Yadav S/o Sitaram Yadav Aged About 21 Years R/o Imliduggu, P.S. - Kotwali, Korba, District - Korba (C.G.) ---Applicant Versus State Of Chhattisgarh Through - Police Station - Civil Line Rampur, Korba, District - Korba (C.G.). ... Non-applicant For Applicants : Mr. Vikas Kumar Pandey & Mr. Mirza Kaisher Beg, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.08.2025 VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.07 12:11:01 +0530 2 / 4 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 101/2025, registered at Police Station : Civil Line Rampur District – Korba (C.G.) for the offence punishable under Section 331(4), 305(A), 112(2) & 317(2) of the BNS 2023. 2. The case of prosecution in short is that the complainant namely Subodh Kumar Singh has lodged written report against the unknown person stating that the unknown person has made theft of jewelry items and cash amount from his house on intervening night of 25- 26.02.25. Thereafter police investigated the matter and arrested the co- accused person on the basis of memorandum of co-accused person the present applicants have been implicated in this case. 3. The present applicants are innocent and have been falsely implicated in the alleged offence and the allegation against the applicant is totally false and baseless. He further submits in the matter the charge-sheet has been filed by the police of the police station Civil Line Rampur, Korba therefore, there is no likelihood to his absconding and tempering the evidence and effected the witnesses and they are in jail since 03.03.2025 and conclusion of the trial may take some time, therefore, they prays for grant of regular bail to the present applicants. 4. On the other hand learned State counsel opposed the bail application of the present applicants. 5. I have heard learned counsel for the parties and perused the case diary. 3 / 4 6. Taking into consideration the submissions made by learned counsel for the parties, further considering the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicants, moreover, the fact that the charge-sheet has been filed before the competent Court and they are in jail since 03.03.2025 and conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicants – Arman Ali and Kishan Yadav involved in Crime No. 101/2025, registered at Police Station : Civil Line Rampur District – Korba (C.G.) for the offence punishable under Section 331(4), 305(A), 112(2) & 317(2) of the BNS 2023, be released on bail on furnishing personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and 4 / 4 the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav