1 2025:CGHC:31750-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1975 of 2025 Office Reference ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Chief Secretary Mahanadi Bhawan Atal Nagar Nawa Raipur Chhattisgarh 2 - Registrar General, High Court Of Chhattisgarh, Bilaspur Chhattisgarh 3 - Director General Of Police Police Head Quarter Sector-19, Nava Raipur Chhattisgarh 4 - Director General (Jail) Police Head Quarter Sector-19, Nava Raipur Chhattisgarh ... Respondent(s) For Petitioner(s) : None. For Respondent No. 1, 3 and 4 : Mr. Shashank Thakur, Deputy Advocate General For Respondent No. 2 : Mr. Chandresh Shrivastava, Advocate. Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 09/07/2025 1. This is an office reference. 2. This office reference has been registered to deal with the instances which are coming to light, especially in criminal cases relating to 2 release of the accused/convicts on bail even when there are errors with respect to the particulars of accused, such as parentage, crime number, the offences under Sections, Police Station, etc. in the bail orders. 3. Recently, in M.Cr.C. No. 4164/2025 {Sunil Kumar @ Sunil Kumar Hidco v. State of Chhattisgarh}, a Single Bench comprising of Hon’ble the Chief Justice had passed the following orders on 29.05.2025: “The counsel for the applicant further submitted that in pursuance of the order passed by this Court on 08.05.2025, in MCRC No.2128 of 2025 Narayan Solwanshi, S/o Bhukhau Ram has been enlarged on bail in-spite of the fact that the wrong case crime number was mentioned and it is submitted by him that in the said bail application as well as in the certiied copy of the order rejecting bail passed by the trial Court, wrong case crime number is mentioned as 60/2024 and after being the incorrect crime number, the said accused has been released in pursuance of the order dated 08.05.2025, for which he would be filing fresh application CRMP……..” 4. Thereafter, the applicant-Narayan Solwanshi filed a petition being Cr.M.P. No. 1786/2025 {Narayan Solwanshi v. State of Chhattisgarh}, wherein, the learned Single Bench, vide order dated 12.06.2025, observed as under: “3. From perusal of the record, it transpires that in compliance of the order dated 29/05/2025 passed in MCRC No. 4164 of 2025 the comments have been sent by the trial court on 31/05/2025 and the present matter is also listed with MCRC No. 4164 of 2025. From perusal of the same, it is apparent that there has been an error committed in the bail rejection order of the present petitioner with respect to the case crime number which was in fact Crime No.60/2025 whereas in the bail rejection order, it was mentioned as Crime No.60/2024 and the trial court has regretted about the said inadvertent mistake in the order. The said error crept in the bail rejection order and consequently because of the same, in the bail application 3 filed on behalf of the petitioner in MCRC No.2128/2025 and in the order dated 8/05/2025 passed in MCRC No.2128/2025 the said error has also crept in. The counsel for the petitioner could not give a satisfactory reply as to why the present CRMP was not filed at the first opportune of time when the case crime number was wrongly transcribed as Crime No.60/2024 in place of Crime No.60/2025 and the accused has been released in pursuance of order of this Court without getting the same corrected.” 5. Hence, the aforesaid situation has necessitated issuing of necessary instructions to the District Judiciary of this State regarding the steps to be taken in case any discrepancy is found in the Hon’ble Court’s order and the trial Court records. 6. Earlier, in M.Cr.C. No. 8336/2018 {Ramashankar Jangde v. State of Chhattisgarh}, bail was granted to the applicant therein, namely, Ramashankar Jagde, vide order dated 12.11.2018, however, as there was some mistake in mentioning the crime number, he could not be released. Hence, the said applicant had to file a petition being Cr.M.P. No. 2426/2018 {Ramashankar Jagde v. State of Chhattisgarh}, and a learned Single Judge of this High Court, vide his order dated 07.01.2019, had directed the Registry to circulate the copy of the order in which it was observed as under: “5. The remand papers/charge sheet are kept in possession of concerned court. On going through such papers the concerned court can easily know the correct crime number, name of the accused, his father's name and other particular, etc. If some particular is wrong in the bail order of the superior court, then it is expected from that court that it will apply practical approach instead of taking technical view and on the strength of such papers it can mention the correct particular in its release order. The reason behind it is that the matter relates to liberty of a prisoner. Anyhow the concerned court is bound to issue release order after furnishing the bail and bond on behalf of the accused after its 4 satisfaction. In other words, concerned court can neither refuse to entertain the bail and bond furnished by accused nor refuse to issue the release order, if it is satisfied. If the concerned court feels some difficulty then it can bring the matter to the notice of superior court. 6. The proceedings are dropped with above observations. 7. Copy of this order be circulated to all the subordinate courts of the state, after due approval if necessary.” 7. Undoubtedly, liberty is a very valuable and precious right guaranteed to a person by the Constitution and no accused/convict should languish in jail on account of trivial technicalities in the orders passed for releasing an accused on bail. However, it is equally important to note that there may be number of accused / convict with identical names lodged in a jail and in that case, without verifying the major particulars such as name of the accused, parentage, crime number, Police Station, offences under Sections, and tallying with the FIR, the said accused/convict should not ordinarily be released in a routine manner as difference in any such particulars can lead to release of some other accused taking undue advantage of the situations which may result into miscarriage of justice as well as embarrassment to the Court concerned, and would further create complications for the law enforcement agencies as the wrongly released person will again have to be taken into custody. 8. 8. It appears that mistakes of aforesaid nature occurs when the bail applications/petitions are filed either before the trial Court concerned or before the High Court, without enclosing a copy of the FIR. In absence of copy of the FIR, there are chances that while the orders are being dictated by the concerned Judges, there may be some omissions or typographical error may crept in with respect to the 5 particulars of the offence in question, be it the name of the accused, case number, crime number, Police Station etc. and as such, at times, it may be difficult to release the accused even if a bail petition is allowed in his favour. In order to avoid such occurrence, we deem it appropriate to pass certain directions to all the stakeholders. 9. Firstly, the bail applications, whether regular or anticipatory, filed before his High Court, should be accompanied alongwith a copy / certified copy of the FIR. Only in exceptional cases which are sensitive in nature or where the situation so demands, or where there is possibility of disclosure of the identity of the victim or if the accused himself is a juvenile, the requirement of filing copy / certified copy of the FIR may be dispensed with. 10. Secondly, the trial Court concerned, while passing the orders on the bail applications filed by the accused, shall make an attempt to ensure that all the particulars with regard to the said case as mentioned in the FIR (final report/ charge-sheet in case the investigation is completed), properly finds place in their orders also. 11. In case, despite due care taken, there remains any trivial error in the bail orders either passed by the High Court or by the trial Court, the trial Court concerned shall make all efforts and verify the other particulars / details and only after being satisfied that it is the same person who has to be released on bail, the accused may be released and he may not be unnecessarily detained. In case it is found that any accused is being detained unnecessarily on account of minor technical defects in the order, which could have been easily verified 6 from the records available with the Court, it would be viewed seriously. 12. Further, necessary instructions may be issued to all the Police Stations situated throughout the State, through the Director General of Police, Chhattisgarh, that as soon as any offence is registered, a certified copy of the FIR may be made available to the concerned Magistrate forthwith, without any unnecessary delay and the concerned Station House Officer shall also supply a copy / certified copy of the FIR to the accused / his counsel, when demanded. 13. In light of the above observations, the Registrar General of this Court is directed to take necessary steps, forthwith. 14. A copy of this order be communicated to all the Principal District & Sessions Judges of the State (who in turn will communicate the same to all the Courts within their Sessions Division) alongwith the Director General of Police, Chhattisgarh, for information and necessary action. 15. This Cr.M.P. accordingly stands disposed of. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) JUDGE CHIEF JUSTICE Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.07.11 11:49:16 +0530