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2025 DAILYLAW 47164 (CHH)

DEEPAK SINGH RAJPUT ( THAKUR) v. STATE OF CHHATTISGARH

MCRC/8724/2025 · 2025-11-02

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Judgment text

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1 2025:CGHC:53619 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8724 of 2025 Deepak Singh Rajput (Thakur) S/o Chimman Singh Thakur Aged About 26 Years R/o Village Charbhanta, Post Kodwabani, P.S. And Teh. Mungeli, Present R/o Ramnagar Kawardha, P.S. And Tehsil Kawardha, Distt. Kabirdham, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House O1cer, P.S. Kawardha, Distt. Kabirdham, Chhattisgarh. ... Non-applicant For Applicant : Ms. Aditi Singhvi, Advocate. Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. For Objector : Mr. Dev Kumar Kaneri, Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.11.2025 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. 97/2025, registered at Police Station Kawardha, District Kabirdham (C.G.) for the o=ence punishable under Sections 126(2), 324(4), 296, 115(2), 351(3), 109 of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution’s case, on 08.03.2025, when the injured persons, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.04 13:14:43 +0530 2 namely Shreyas Thakur and Ayush Sharma, were on their way home, the applicant blocked the road and started abusing them due to previous enmity. The applicant assaulted them with a wooden stick, causing injuries, and also damaged their vehicle. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that, as per the medical reports, the injuries sustained by both injured persons are simple in nature. He also submits that the applicant has no criminal antecedents and has been in jail since 05.08.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 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 ?led before the competent Court. 5. Learned counsel appearing for the objector/complainant has opposed the bail application of the present applicant but could not dispute the fact that the injuries sustained by the injured persons are simple in nature. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, submissions made by the learned counsel for the parties, nature of dispute, and material available in the case diary, it appears the injuries of both the injured are simple in nature. Moreover, the charge-sheet has already been submitted before the competent Court in the present case, the applicant is in jail since 05.08.2025, conclusion of the trial is likely to take sometime, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 3 8. Let the applicant – Deepak Singh Rajput (Thakur), involved in Crime No. 97/2025, registered at Police Station Kawardha, District Kabirdham (C.G.) for the o=ence punishable under Sections 126(2), 324(4), 296, 115(2), 351(3), 109 of the Bhartiya Nyaya Sanhita, 2023, 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 ?le an undertaking to the e=ect that he shall not seek any adjournment on the dates ?xed 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 ?xed, either personally or through his counsel. In case of his absence, without su1cient cause, the trial court may proceed against his 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 ?xed in such proclamation, then, the trial court shall initiate proceedings against his, 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 ?xed 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 4 court absence of the applicant is deliberate or without su1cient 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. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certi?ed copy of this order in accordance with law, if there is no legal impediment. 10. O1ce is directed to send a certi?ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek