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2025 DAILYLAW 27325 (CHH)

SUYASH PANDEY v. STATE OF CHHATTISGARH

MCRC/4578/2025 · 2025-07-29

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Judgment text

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1 2025:CGHC:37330 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4578 of 2025 Suyash Pandey S/o Sharad Pandey Aged About 25 Years R/o Baikunthpur, Front Of Society, Ward No. 14, Raigarh, Tahsil And District Raigarh,Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Thana In- Charge, P.S. Jutemil, District Raigarh, Chhattisgarh ... Non-applicant For Applicant : Mr. Rajendra Tripathi, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.07.2025 1. This the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.137/2025 registered at Police Station – Jutemil, District - Raigarh (C.G.), for the offences punishable under Sections 296, 351(2), 115(2), 126(2), 324(4), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and 25 and 27 of the Arms Act. 2. As per prosecution story in brief is that on 20.04.2025 at about 8 pm VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.30 19:08:54 +0530 2 the present applicant along with other co-accused has stopped the Barati Bus and assaulted the complainant and his friends for previous enmity. For the above reason complainant has lodged the FIR in Police station. 3. Learned counsel for the applicant submits that the present applicants are innocent person and have been falsely been implicated in the aforesaid case. He also submits that the present applicant is young boy, his entire career will spoil. He further submits that the applicant in jail since 30.04.2025, and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. He further submits that the present applicant assaulted injured resulting in grievous injuries. Therefore, the present applicant is not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, as per the case diary, the injuries received by the injured are simple in nature. Moreover, the present applicant has no previous criminal antecedents and the charge-sheet has been submitted before the competent Court, the applicant is in jail since 30.04.2025, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released 3 on regular bail in this case. 7. Let the Applicant – Suyash Pandey, involved in Crime No.137/2025 registered at Police Station – Jutemil, District - Raigarh (C.G.), for the offences punishable under Sections 296, 351(2), 115(2), 126(2), 324(4), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and 25 and 27 of the Arms Act, be released on bail on furnishing 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 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 applicant 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 him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 4 (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 sufficient 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. 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