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2025 DAILYLAW 46882 (CHH)

HIRANYADEEP @ KARAN v. STATE OF CHHATTISGARH

MCRC/8451/2025 · 2025-10-26

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Judgment text

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1 2025:CGHC:52352 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8451 of 2025 Hiranyadeep @ Karan Son of Shri Ankur Deep Aged About 23 Years R/o Trimurti Nagar, High School, Devendra Nagar, Raipur, Police Station Devendra Nagar, Raipur, Distt- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through-The Station House O0cer, Police Station, Khamhardih, Raipur, District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Pushpendra Patel, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.10.2025 1. This is the 5rst bail application 5led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 117/2025 registered at Police Station Khamhardih, District Raipur (C.G.), for the o;ences punishable under Sections 309(6), 3(5), 112(2) of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution story, the complainant, Hom Ram Sahu, lodged a written report at Police Station Khamhardih, District Raipur, on 27.05.2025, alleging therein that the accused persons had forcefully ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.28 11:42:54 +0530 2 snatched his mobile phone (containing SIM numbers 9617298551 and 7024376197) as well as his motorcycle bearing registration number CG04MT7668 (Chassis No. MBLHAW10KHE020053, Engine No. HA10ACKHE14622), having a total value of Rs. 45,000/-, from the ground near Sristi Ampiriya. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. He submits that other co-accused person, namely, Gulshan Nayak, has already been granted regular bail by this Court on 10.09.2025 in MCRC No. 7207 of 2025, therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case as the other co-accused person, namely, Gulshan Nayak, has already been granted regular bail by this Court on 10.09.2025 in MCRC No. 7207 of 2025, conclusion of the trial may take some more time, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Hiranyadeep @ Karan, involved in Crime No. 117/2025 registered at Police Station Khamhardih, District Raipur (C.G.), for the o;ences punishable under Sections 309(6), 3(5), 112(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 3 (i) The applicant shall 5le an undertaking to the e;ect that he shall not seek any adjournment on the dates 5xed 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 5xed, either personally or through his counsel. In case of his absence, without su0cient 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 5xed in such proclamation, then, the trial court 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 5xed 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 su0cient 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. O0ce is directed to send a certi5ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek