RAJESH KUMAR @ AKASH KUMAR @ NISHANT KUMAR v. STATE OF CHHATTISGARH
MCRC/4411/2025 · 2025-06-11
Shri Parth Prateem Sahu
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25936 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25936 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:23371
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4411 of 2025
1. Rajesh Kumar @ Akash Kumar @ Nishant Kumar S/o. Late Jagjivan Das Aged About 32 Years R/o. Beeja, Police Station Dobhi, Dist. Gaya (Bihar)
... Applicant (In Jail) versus
1. State of Chhattisgarh Through Police Station Kotwali, Raigarh, Dist. Raigarh (C.G.)
--- Non-applicant For Applicant : Mr. Manoj V Paranjpe and Mr. Rishabh Gupta, Advocates For Non-applicant : Mr. K.P. Gupta, Govt. Advocate SB: Hon’ble Mr. Justice Parth Prateem Sahu
Order on Board 12.06.2025
1. This is first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (henceforth ‘the BNSS’) for grant of regular bail to applicant, who is in custody in connection with Crime No.696/2023 registered at Police Station Kotawali, Raigarh (CG) for the offence punishable under Sections 324, 342, 450, 394, 397, 120-B of the Indian Penal Code and Section 25, 27 of the Arms act. 2
2. Case of the prosecution, in brief, is that the complainant lodged report in concerned police station that on 19.9.2023 some persons entered into Axis Bank, Raigarh, made hostage of the officers and employees of the bank and committed dacoity of huge quantity of gold ornaments and cash. Based on said complaint, the instant crime was registered and in the course of investigation, on 20.9.2023 the police arrested accused persons including applicant herein as also looted cash and gold ornaments and the vehicle used in commission of offence. 3. Learned counsel for the applicant contends that applicant is innocent and has been falsely implicated. Allegations levelled against applicant are absolutely false and baseless. He submits that two co-accused persons namely Rakesh Kumar Gupta and Upendra Singh, who were also found travelling in Creta Car in which applicant was, have already been granted regular bail. Two bags containing currency notes were seized from possession of co-accused Rakesh Kumar Gupta. He submits that trial of three criminal cases, details of which are given in bail application, are pending against the applicant, however, in all three cases he has been granted bail. Applicant is in jail since 20.9.2023, charge sheet has been filed after completion of investigation and conclusion of trial is likely to take some time because out of 72 enlisted
3 prosecution witness, only 15 witnesses have been examined so far. Hence, he prays that applicant be enlarged on regular bail on the ground of parity. 4. On the other hand, learned counsel appearing for the State opposes bail application and submits that present applicant has been found in possession of Rs.11 lakhs, which was kept in the car in which he was travelling. Apart from three criminal cases, as mentioned in bail application, there are two more criminal cases of similar nature registered against the applicant in Police Station Angul. Hence, he is not entitled for grant of bail. 5.
I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegations against applicant; submissions of
learned counsel for respective parties; period of pre-trial detention of applicant and the fact that co-accused persons, who were found travelling in the car along with present applicant, have already been released on bail, without commenting anything on merits, I am inclined to enlarge the applicant on regular bail. Accordingly, this second bail of application is allowed and it is directed that applicant shall be released on bail on his furnishing a personal bond in the sum
4 of Rs.25,000/- with one surety in the like sum to the satisfaction of trial Court concerned on the conditions that; • he shall appear before the trial Court concerned regularly on each & every date unless exempted from appearance. • he shall not, in any manner, tamper with prosecution witnesses. • If he is found involved in similar offence in future, it will be open for the State to apply for cancellation of bail.
Sd/-
(Parth Prateem Sahu) Judge roshan/-