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2025 DAILYLAW 54724 (CHH)

SITUL RAM CHAUHAN v. STATE OF CHHATTISGARH

MCRC/5968/2025 · 2025-08-21

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:42700 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5968 of 2025 Situl Ram Chauhan S/o Rameshwar Chauhan Aged About 28 Years R/o Korkotoli, Sirimkela, District - Jashpur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Kansabel, District - Jashpur Chhattisgarh ... Respondent For Applicant : Mr. Ashish Gupta, Advocate For Respondent/State : Mr. Akhilesh Kumar, G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 22/08/2025 1. The applicant has preferred this 1st bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as he is arrested in connection with crime No. 122/2024, registered at Police Station – Kansabel, District- Jashpur (C.G.) for offence punishable under Sections 61(2), 332(B), 312, 309, 311, 103, 111 of BNS and Section 25 (1-b)(b) & 27 of the Arms Act. 2 2. According to the prosecution, on 05.11.2024 at about 11:00 AM, the applicant/accused Situl Ram, along with co-accused Ratu Ram and Vitul Ram Chauhan, entered the complainant Sanchu Kumar Gupta’s Customer Service Centre (a kiosk bank) at Bataikela-Tongritola, P.S. Kansabel, District Jashpur (C.G.), after forming a criminal conspiracy to commit robbery/dacoity. Armed with a country-made firearm, the accused demanded money from the complainant, assaulted him with the weapon on his head when he resisted, and attempted to commit robbery, thereby causing grievous hurt. During the incident, when the complainant’s grandmother Urmila Bai intervened, the accused fired at her with intent to kill both the complainant and his grandmother, resulting in her death. Thus, the accused, in concert with others, committed organized crime while in possession of and using an illegal firearm. On the complaint of the complainant, offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. The only allegation against the applicant is that he has given his bike to co-accused Ravi. The main perpetrator is co-accused Ravi who is absconded. There is no seizure from the applicant. The applicant was not present on the spot and his motorcycle has been seized as per seizure memo. The TIP is also not conduced with regard to the applicant. The applicant has no criminal antecedent. Further, the applicant is in jail since 06.11.2024 and the trial has not commenced till date and is likely to take some time to be finalized, therefore, it is prayed that the applicant may be enlarged on bail. 4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that the motorcycle which is registered in the name of the applicant has been seized from the spot. The applicant along with other co-accused persons have planned this robbery in jail and one co-accused 3 namely Ravi is absconded, therefore, looking to the nature of offence, the applicant may not be released on bail. 5. I have heard learned Counsel appearing for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, evidence collected by the prosecution against the applicant and the nature of offence. At this stage, without commenting on merits of the case, I am not inclined to release the applicant on bail. 7. Accordingly, the bail application is Rejected. However, the trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham