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2025 DAILYLAW 54142 (CHH)

CHOVARAM BANJARE v. STATE OF CHHATTISGARH

MCRC/6638/2025 · 2025-08-21

body2025

Judgment text

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1 2025:CGHC:42708 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6638 of 2025 • Chovaram Banjare, S/o Late Shri Chaitram Banjare, Aged About 37 Years, R/o Gram Nayakbandha, Police Station Abhanpur, District Raipur (C.G.). ... Applicant versus • State Of Chhattisgarh, Through Police Station EOW/ACB, Raipur District Raipur (C.G.). ... Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. Pragalbha Sharma, Advocate. For State/Non-applicant : Dr. Saurabh Kumar Pandey, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.08.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sahita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.38/2025 registered at Police Station EOW/ACB, Raipur, District Raipur (C.G.), for the offence punishable under Section 7 of PC Act, 1988. 2. Case of the prosecution, in brief, is that on 16.06.2025 the present applicant holding the post of Personal Assistant at office of Commissioner, Directorate of Medical Education, Nava Raipur (C.G.), DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA 2 demanded a sum of Rs.60,000/- from the complainant namely Tuka Ram Lahre, in lieu of getting his retirement benefits released. Thereafter, present applicant caught taking bribe of Rs.50,000/- subsequently, he has been arrested on 16.06.2025 and after investigation charge sheet has been filed. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in crime in question. He further submits that applicant is said to have accompanied the complainant on hi Bike and it is alleged that Rs.50,000/- was recovered from the Diggi of the Bike and not from the physical possession of the present applicant. It is further submitted that there is no material evidence available on record to demonstrate the involvement of the applicant. It is further submitted that the applicant is in jail since 16.06.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned Deputy A.G. opposes the bail application and submits that the applicant demanded Rs.60,000/- from the complainant illegally, which was settled down in Rs.50,000/- for clearing his retirement benefits. It is further submitted that charge-sheet has been filed in the present case before the competent Court, therefore, applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the fact and circumstances of the case, particularly considering the fact that a sum of Rs.50,000/-, which was admittedly recovered from the vehicle of the present applicant, belongs 3 to him, and also considering the fact that charge-sheet has already been filed in the instant case, therefore, I am not inclined to allow the bail application of the present applicant. 7. Accordingly, the bail application of the Applicant – Chovaram Banjare, involved in Crime No.38/2025 registered at Police Station EOW/ACB, Raipur, District Raipur (C.G.), for the offence punishable under Section 7 of PC Act, 1988, is rejected at this stage. However, applicant is at liberty to file bail application again, after two months. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. 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