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2025 DAILYLAW 56225 (CHH)

REHAN KHAN v. STATE OF CHHATTISGARH

MCRC/9703/2025 · 2025-12-15

body2025

Judgment text

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1 2025:CGHC:61317 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9703 of 2025 • Rehan Khan S/o Riyaz Khan, Aged About 21 Years R/o Bhanpuri, Near Vegitable Market, Bazar Chowk, P.S.- Khamtarie, Tehsil And District (Revenue And Civil)- Raipur (C.G.) ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Urla, District Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Yogesh Pandey, Advocate For Respondent/State : Mr. Soumya Rai, Panel Lawyer For Objector Mr. Raj Bahadur, Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.12.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 102/2025, registered at Police Station – Urla, District – Raipur (C.G.) for the offence punishable under Sections 190, 191(3), 109(1) of BNS and Sections 25 and 27 of Arms Act. 2. The case of the prosecution, is that complainant Luv Sahu lodged police report on 25.05.2025 by stating that on 25.05.2025 at about 1.40 PM he was sitting along with Pawan Vaishnav. At that time two VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.12.17 17:28:09 +0530 2 persons approached him and attacked by way of knife, out of which one person is Rehan Khan. Complainant was found with covered with blood and thereafter he was admitted in the hospital and lodged FIR against the applicant, hence this bail application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. He further submits that there are five accused persons including the applicant but other four accused are absconded. He also submits that there is no allegation levelled against the applicant for assaulting the injured, only one knife has been recovered from the possession of the present applicant. Moreover, complainant and present applicant entered into amicable settlement and complainant has also filed no objection for grant of bail before the lower Court. Copy of the same is annexed herewith as Annexure A-3 and there is no previous criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 26.05.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no previous criminal antecedents registered against the present applicant. It is further submitted that one knife has been seized from the possession of the present applicant, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the 3 fact that complainant and present applicant entered into amicable settlement and complainant has also filed no objection for grant of bail before the lower Court, charge-sheet has been filed against the applicant, the applicant is in jail since 26.05.2025, looking to the detention period of the applicant and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Rehan Khan, involved in Crime No.02/2025, registered at Police Station – Urla, District – Raipur (C.G.) for the offence punishable under Sections 190, 191(3), 109(1) of BNS and Sections 25 and 27 of 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 him 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 fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 4 (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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali