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2025 DAILYLAW 55521 (CHH)

RAVINDAR SINGH GILL v. STATE OF CHHATTISGARH

MCRC/9155/2025 · 2025-12-15

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Judgment text

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1 2025:CGHC:61353 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9155 of 2025 Ravindar Singh Gill S/o Ranjit Singh Gill Aged About 18 Years R/o House No.111, Gurunanak Park, Mahavir Nagar, Puraina (Amlidih), P.S. - New Rajendra Nagar, Raipur, Tahsil And District- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station - New Rajendra Nagar, Raipur (C.G.) ... Non-applicant(s) For Applicant(s) : Mr. Wasim Miyan, Advocate For Non-applicant/State(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.12.2025 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. 193/2025 registered at Police Station New Rajendra Nagar, District- Raipur (C.G.), for the offence punishable under Sections 109, 115(2), 281, 296, 351(2) and Section 3(5) of B.N.S. 2. Case of the prosecution, in brief, is that the complainant, Sujeet Singh, S/o Subhash Singh, lodged a report before the concerned Police Station stating therein that on the date of incident, i.e., KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 16.08.2025, at about 8:30 PM, he received a telephone call from his sister Mamta Singh, who informed him that the complainant’s son Ashwin Singh had called her and stated that while he was proceeding towards Tagore Nagar from Telibandha, and upon reaching Mahavir Chowk, New Rajendra Nagar Signal, at around 7:30 PM, the driver of an Activa scooter bearing registration number CG-04-ME-6877, namely Ranjeet Singh, who was driving the vehicle in a rash and negligent manner, dashed against his OLA vehicle and thereafter picked up a quarrel with him. It is further alleged that when the complainant reached the place of occurrence and questioned Ranjeet Singh and his associates regarding the incident, they abused him in filthy language and threatened him with dire consequences. Thereafter, Ranjeet Singh took out a knife and assaulted the complainant/injured, as a result of which the complainant/injured sustained injuries on his left hand, back, and waist. It is further stated that the complainant’s father, Subhash Singh, also arrived at the spot and was assaulted by Ranjeet Singh and his associates, due to which he also sustained injuries. Thereafter, the complainant/injured and his father were taken to M.M.I. Narayana Hospital, where they were medically examined and treated. Based upon such, the aforesaid offences were registered against the applicant along with co-accused. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant is alleged to have assaulted the injured persons with a stick (lathi), whereas the co-accused is 3 alleged to have assaulted the injured persons with a knife, on account of which the injuries were caused. It is submitted that most of the injuries sustained by the injured persons are simple in nature, and though one injured has suffered a grievous injury, the same is not dangerous to life. He further submits that the applicant is a student aged about 18 years, has been in judicial custody since 11.09.2025, and has no criminal antecedents. It is further submitted that the charge-sheet has already been filed before the competent Court and the conclusion of the trial is likely to take considerable time. Therefore, considering the aforesaid facts and circumstances, he prays that the applicant may be enlarged on bail. 4. Learned State counsel opposes the prayer for grant of bail and submits that the applicant has been rightly implicated in the present case and his active participation in the offence is clearly established from the statements of the injured witnesses and other material collected during investigation. It is submitted that the applicant assaulted the injured persons with a stick (lathi), while the co- accused used a knife, and the assault resulted in multiple injuries, including one grievous injury. The offence is serious in nature and was committed in furtherance of common intention. Considering the gravity of the offence, the manner in which it was committed, and the likelihood of the applicant influencing or intimidating the prosecution witnesses if released on bail, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 4 6. Considering the facts and circumstances of the case, particularly the allegation against the present applicant being limited to assaulting the injured persons with a lathi, whereas the co-accused is alleged to have assaulted the injured persons with a knife and the case of the present applicant is distinguishable from that of the co- accused and further considering that the present applicant has been in judicial custody since 11.09.2025, and in the present case, charge-sheet has already been filed before the competent Court, as such, this Court is of the view that the present applicant is entitled to be released on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant, Ravindar Singh Gill, involved in Crime No. 193/2025 registered at Police Station New Rajendra Nagar, District- Raipur (C.G.), for the offence punishable under Sections 109, 115(2), 281, 296, 351(2) and Section 3(5) of B.N.S, 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 sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. 5 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence 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 sufÏcient 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. OfÏce 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 Kunal