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2025 DAILYLAW 38370 (CHH)

ANSHUL PATLE v. STATE OF CHHATTISGARH

MCRC/6488/2025 · 2025-08-17

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Judgment text

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1 2025:CGHC:41595 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6488 of 2025 Anshul Patle S/o Lalman Patle Aged About 22 Years Address Prem Nager Ward No. 17, Near Meera Fancy Store, Gudhiyari District Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer Gudhiyari District Raipur Chhattisgarh ... Respondent For Applicant : Shri Anurag Jha, Advocate. For Respondent/State : Shri Nitansh Jaiswal, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/08/2025 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 applicant who has been arrested in connection with Crime No.222/2025 registered at Police Station Gudhiyari District Raipur GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.19 17:30:26 +0530 2 (C.G.) for the offence punishable under Sections 296,115(2),333,331(6), 351(2), 324(6), 3(5), 191(1), 191(2) of BNSS. 2. Case of the prosecution, in brief, is that there occurred a quarrel for the water between Rekha Agarwal and the Complainant. On the next date when the complainant went to temple along with her son there was exchange of bad words and in the night along with Shanker Soni and others have wrongfully entered the house of the complainant and beaten the complainant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case and the applicant has not been named in the FIR. He would submit that co-accused person namely Ashish Sarthi @ Surya has been granted regular bail by this Court in MCRC No.5651 of 2025 on 14/08/2025. He would submit that the charge sheet has been filed in this case and the applicant is in jail since 19/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel do not dispute the fact that co-accused person namely Ashish Sarthi @ Surya has been granted regular bail by this Court in MCRC No.5651 of 2025 on 14/08/2025. He would submit that charge sheet has been filed in this case and the applicant has no criminal antecedents. 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, considering the fact that co-accused person namely Ashish Sarthi @ Surya has been granted regular bail by this Court in MCRC No.5651 of 3 2025 on 14/08/2025, charge sheet has been filed, applicant has no criminal antecedents, period of detention of the applicant since 19/06/2025 and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Anshul Patle, involved in Crime No.222/2025 registered at Police Station Gudhiyari District Raipur (C.G.) for the offence punishable under Sections 296,115(2),333,331(6), 351(2), 324(6), 3(5), 191(1), 191(2) of BNSS, be released on bail on his furnishing a personal bond with two 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 he 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court 4 shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (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 send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri