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2025 DAILYLAW 39932 (CHH)

YASHWANT SONI v. STATE OF CHHATTISGARH

MCRC/6763/2025 · 2025-08-31

body2025

Judgment text

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1 2025:CGHC:44313 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6763 of 2025 Yashwant Soni S/o Late Shri Rajkumar Soni Aged About 30 Years R/o Sector-6 In Front Of Jubli Park Police Station Supela District- Durg (C.G.) ... Applicant versus State of Chhattisgarh Through SHO, The Railway Security Force Post Bhathapara District- Balodabazaar - Bhatapara(C.G.) (Particulars of The Applicant And Non-Applicant Is Not Properly Mentioned In The Impugned Order) ... Non-applicant For Applicant : Mr. Amit Nayak, Advocate For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.09.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 08/2025, registered at Police Station : The Railway Security Force Post Bhathapara District- Balodabazaar - Bhathapara (C.G.) for the offence punishable under Section 3-A of Railway Property Unauthorized Possession Act. 2. Learned State Counsel has pointed out that earlier also the applicant had filed a bail application in a case registered against RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 him under the Railway Property (Unlawful Possession) Act, which was dismissed as withdrawn on 28.08.2025, as the Union of India, being a necessary and proper party, was not impleaded and instead the State of Chhattisgarh was wrongly shown as the non-applicant. It is submitted that in the present case also, the same error has been committed by arraying the State of Chhattisgarh as the non- applicant instead of the Union of India. 3. From perusal of the present bail application, it further appears that the Union of India has not been impleaded as a party non-applicant and even the relevant Act has been wrongly mentioned. In view thereof, learned counsel for the applicant seeks permission to withdraw the present application with liberty to file a fresh bail application by mentioning the correct Act and arraying the proper party 4. Permission granted. 5. In view of the above, the present bail application is dismissed as withdrawn, with aforesaid liberty. 6. Certified copy of the documents annexed in the bail application, if any, may be returned back to the counsel for the applicant after obtaining the photocopy of the same, subject to deposit of the fine amount. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rahul Dewangan