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2025 DAILYLAW 55077 (CHH)

RAVIKANT SONI v. THE STATE OF CHHATTISGARH

MCRC/8403/2025 · 2025-10-16

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:51957 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8403 of 2025 Ravikant Soni S/o Shri Manoj Soni Aged About 26 Years R/o Housing Board Colony, Police Station- Basantpur, Tahsil And District- Rajnandgaon, C.G. ... Applicant(s) versus The State Of Chhattisgarh Through Station House Officer, Police Station- Basantpur, District- Rajnandgaon, C.G. ... Respondent(s) For Applicant(s) : Mr. Rajendra Patel, Advocate For Respondent(s) : Mr. Soumya Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.10.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 259/2025 registered at Police Station Basantpur, District- ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.17 20:42:31 +0530 2 Rajnandgaon (C.G.), for the offence punishable under Sections 351(2), 118(1) of the BNS and Section 25, 27 of the Arms Act. 2. Case of the prosecution, in brief, is that the complainant, Harshdeep Kaur, lodged a written report at Basantpur Police Station on 13-06-2025 stating that on 12-06-2025, at around 9:00 a.m., while she was riding her scooter along Kamla College Road to buy daily necessities, the applicant, armed with a knife and allegedly threatening passers-by, attempted to stop her near the State Bank ATM, Kamla College Chowk. When she did not stop, the applicant allegedly stabbed her from behind, causing injuries to her hands and back. She abandoned her scooter and sought refuge in a nearby house, but the applicant allegedly followed her and threatened to kill her. She then informed her family, and the police arrived, apprehending the applicant and taking him to the police station. Based on her complaint, FIR No. 259/2025 was registered at Basantpur Police Station under the relevant sections of the Bharatiya Nyaya Sanhita, 2023, and the Arms Act. Following investigation, a charge-sheet was filed against the applicant. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and no prima facie case has been made out against them. Further, the prosecution has not collected any material evidence against the applicant, and the alleged injuries sustained by the complainant are also simple in 3 nature. The applicant had no role in the incident, and the prosecution case relies solely on statements of interested witnesses without any independent corroboration. So far as criminal antecedents of the applicant are concerned, though the applicant has 10 pervious cases registered, but out of them, 04 cases are of Preventive Nature and 06 cases are under the IPC. Furthermore, out of the 06 under the IPC, except two cases, all the rest have already been disposed off. The criminal antecedents of the applicant has already been explained in para 4(A) of the bail application. Lastly, the applicant is in jail since 13.06.2025, charge-sheet has already been filed and there is likely to be caused delay in the trail and therefore the applicant may kindly be granted bail. 4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicant and also the submission advanced by learned counsel for the applicant but could not dispute the fact that the injuries sustained by the complainant are simple in nature and further, the applicant has one previous criminal antecedent pending against him and one case he has been convicted. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and 4 the fact that the injuries sustained by the complainant are simple in nature and further the criminal antecedents registered against the applicant have already been explained in para 4(A) of the bail application, the applicant is in jail since 13.06.2025, charge-sheet has already been filed and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. 7. Let applicant, Ravikant Soni, involved in Crime No. 259/2025 registered at Police Station Basantpur, District- Rajnandgaon (C.G.), for the offence punishable under Sections 351(2), 118(1) of the BNS and Section 25, 27 of the Arms Act, 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 file an undertaking to the effect that he shall not seek any adjournment on the dates fixed 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 fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against them 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 5 proclamation under Section 84 of Bharatiya Nyaya Sanhita is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section Section 209 of Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed 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 sufficient 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. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek