Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:44306
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6870 of 2025
1. Pramod Dahariya S/o Shri Devkumar Dahariya Aged About 22 Years R/o Village Bhelwadih, Police Station Rakhi, Tahsil Abhanpur, District Raipur Chhattisgarh
2. Gulshan Dahariya S/o Shri Basant Dahariya Aged About 24 Years R/o Village Bhelwadih, Police Station Rakhi, Tahsil Abhanpur, District Raipur Chhattisgarh
... Applicants versus State of Chhattisgarh Through The Station House Officer, Through The Station House Officer, Police Station Abhanpur, District Raipur Chhattisgarh
... Non-applicant For Applicants : Mr. Dashrath Kushwaha, Advocate. For Non-Applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 01.09.2025
1. This is the second bail application filed under Section 483 of the BNSS for grant of regular bail to the applicants who have been arrested in connection with Crime No. 75/2025 registered at Police Station Abhanpur, District Raipur (C.G.), for the offence punishable under Section 309(4) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 and 27 of the Arms Act.
2. The earlier bail application of the applicant being MCRC No. 3303 of ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.02 11:29:52 +0530
2 2025 was rejected by this Court vide order dated 30.04.2025 on merits.
3. The case of the prosecution, in brief, is that the complainant lodged a report at the concerned police station alleging that on 20.02.2025, at about 8:00 p.m., while he was returning on his motorcycle after purchasing liquor from a shop at Urla and had stopped to attend a phone call, three unknown persons arrived on a Pulsar motorcycle and committed robbery of his motorcycle, an Airtel SIM, and cash amounting to Rs. 15,000/-, making the total value of the loot Rs. 1,66,500/-. Based on the said complaint, the concerned police station registered the aforesaid offence under Section 309(4) of the B.N.S. and Sections 25 and 27 of the Arms Act against the applicants.
4. Learned counsel for the applicants submits that this second bail application on behalf of the applicants is being preferred on the ground that the other co-accused person, namely, Gagan Jatav, has already been granted regular bail by this Court in MCRC No. 5600 of 2025 vide
order dated 08.08.2025. He also submits that there is no eyewitness in this case and the applicants have been falsely implicated in the present case solely on the basis of mere suspicion. He further submits that the present applicants have been in jail since 18.03.2025, and the conclusion of the trial may take some time, therefore, he prays for the grant of regular bail to the applicants on the ground of parity
5. On the other hand, learned State Counsel opposes the bail application of the present applicants and submits that their earlier bail application was dismissed by this Court on the ground that they had committed robbery with the complainant and that they have two criminal antecedents under the IPC, whereas, the co-accused, Gagan Jatav, was granted bail by this Court on the ground that he had no criminal antecedents. Therefore, the present applicants are not entitled to the grant of regular bail.
3
6. I have heard learned counsel appearing for the parties and perused the case diary.
7. From perusal of the pleadings, it appears that no new ground has been raised in this second bail application, and since the applicants were involved in loot and they have two criminal antecedents under the IPC. Therefore, I do not find any good ground for granting bail, hence, this second bail application of the present applicant is rejected.
8. Accordingly, the second bail application of the applicants – Pramod Dahariya and Gulshan Dahariya , filed under Section 483 of the BNSS involved in Crime No. 75/2025 registered at Police Station Abhanpur, District Raipur (C.G.), for the offence punishable under Section 309(4) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 and 27 of the Arms Act, is rejected.
9. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously.
10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.
- Sd/-
(Ramesh Sinha)
Chief Justice Abhishek