1 2025:CGHC:7536 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8979 of 2024 Yadram Hirwani S/o Ganpatram Hirwani Aged About 34 Years R/o Chhapora, P.S- Bilaigarh,, District : Sarangarh-Bilaigarh, Chhattisgarh ... Applicant versus State of Chhattisgarh Through- Station House Officer, Police Station- City Kotwali (Correctly Mentioned ) Balodabazar,, District : Balodabazar- Bhathapara, Chhattisgarh --- Respondent For Applicants : Mr. Syed Mohammad Sohail Afzal, Advocate For Respondent/State : Mr. Saneev Kumar, Dy. Advocate General Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 12.02.2025 1. The applicant has preferred this First Bail Applications under Section 483 of B.N.S.S., 2023 for grant of regular bail, as he has been arrested on 28.07.2024 in connection with Crime No. 380/2024, registered at Police Station City Kotwali Balodabazar, District - Balodabazar (C.G.) for the offence punishable under Sections 147, 148, 149, 294, 506, 335, 186, 332, 307,427,435,436,120-B of the IPC and Sections 3 and 4 of Prevention of Damage to Public Property Act. SANTOSH KUMAR SHARMA Digitally signed by SANTOSH KUMAR SHARMA Date: 2025.02.13 10:46:29 +0530 2 2. The prosecution story, in brief, is that the present complainant- Deputy Superintendent of Police has lodged a complaint on 13.06.2024 before Police Station- City Kotwali, Baloda-Bazar alleging that some persons belonging to Satnami Samaj have committed incident of assault, vandalism and arson on 10.06.2024 on the pretext that on 15/16th May, 2024 at Village- Mahakoni, Police Station- Amargupha, Giroudpuri, a monument of Satnami Samaj was damaged and loss to the said property was done, therefore, Crime No. 105/2024 for commission of offence under Section 295, 34 of IPC was registered on 17.05.2024. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in the case. He would further submit that there is no direct evidence against the applicant. He would further submit that the applicant has no past antecedent and he is in jail since 28.07.2024 therefore, the applicant may be enlarged on bail. Lastly he would submit that the investigation has been completed, charge-sheet has been filed. It has also been contended that other co-accused Narayan Miri whose bail application was rejected by this Court have preferred Special Leave to Appeal (Criminal) No. 14169/2024 and the Hon’ble Supreme Court vide its order dated 24.01.2025 has granted the bail to the co-accused. The operative part of the order is as under: 4. “Considering the period of incarceration of the petitioner and the entire facts and circumstances of this case, we are of the opinion that a case of bail is made out for the petitioner and therefore, the prayer for bail is allowed. 5. Accordingly, the petitioner is directed to be released on bail forthwith on the usual terms and conditions to be decided by the concerned court.” 3 6. On the other hand learned State counsel vehemently objected the submission of the learned counsel for the applicant and would submit that after registration of the FIR sufficient material has been collected by the prosecution and the statements of the witnesses were recorded. He would further submit that the applicant has been identified by the complainant and the mobile record of the applicants also suggest their presence at the place of occurrence, Thus, he would submit that there was involvement of the applicants in the commission of crime, therefore, he would pray for rejection of the bail. 7. I have learned counsel for the parties and perused the diary and considering the order passed by the Hon’ble Supreme Court in case of Narayan Miri (Supra). 8. Considering the fact that the applicant is in jail since 28.07.2024, charge- sheet has already been filed and trial may take some time, I am of the view that a case of bail is made out by the applicant. 9. Accordingly, bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 is allowed and the applicant is directed to be released on bail forthwith. It is directed that the applicant shall be released on bail by furnishing a personal bond for a sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the concerned trial court. He shall appear before the trial court on each and every date given by the said trial court, till disposal of the trial. Sd/- (Narendra Kumar Vyas) Judge Santosh