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2025 DAILYLAW 58850 (CHH)

RAMJAN ALI URF BALLA v. STATE OF CHHATTISGARH

MCRC/9040/2025 · 2025-11-12

Shri Deepak Kumar Tiwari

body2025

Judgment text

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1 2025:CGHC:55259 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9040 of 2025 Ramjan Ali Urf Balla S/o Late Chand Kha Aged About 37 Years R/o Village Chilhati, Near Shani Mandir, P.S. Sarkanda, Tehsil And District Bilaspur, Chhattisgarh. ... Applicant. Versus State Of Chhattisgarh Through Police Station City Kotwali, Bilaspur, District Bilaspur, Chhattisgarh. ... Respondent. For Applicant : Mr. Rajendra Kumar Patel, Advocate. For Respondent : Ms. Mandwi Bhardwaj, Panel Lawyer. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 13.11.2025 1. This application under Section 483 of the BNSS, 2023 for grant of bail has been filed by the accused/applicant who has been arrested in connection with Crime No.37/2022 registered at Police Station City Kotwali, Bilaspur for the offence under Sections 392, 395, 411, 120 (B) & 34 of the IPC. 2. Prosecution case, in short, is that on 29.01.2022 the complainant and his brother who is owner of jewellary shop, in the evening, after closing the shop were going towards their house carrying jewellary worth Rs.6,50,000/- in a bag in front of motorcycle scooter. When they reached Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2025.11.13 15:25:27 +0530 2 at Arpa River bridge near Shanichar market, two unknown persons came there and pushed the complainant, due to which, the complainant fell on the ground. Thereafter, the said persons by threatening them looted their jewellary bag and fled away. Hence, the offence has been registered and during investigation accused/applicant and other accused has been arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been roped in a false case. He further submits that similarly situated co-accused Akash Shrivas has been released on bail by the co- ordinate Bench of this Court vide order dated 08.12.2013 passed in MCRC No.8143/2023. He further submits that material witnesses have been examined and they have not supported the case of the prosecution. The applicant is behind the bar since 04.04.2023 and trial is likely to take considerable time. He also submits that the applicant would abide by all terms and conditions imposed on him while granting bail, therefore, he may be enlarged on bail. 4. Per contra, learned State counsel opposes the prayer for bail. However, she fairly submits that on the basis of memorandum nothing has been recovered from the present applicant as he has expanded the money from looted articles. 5. Having regard to the aforesaid submissions and considering the facts and circumstances of the case, particularly, considering that similarly situated co-accused has been released on bail vide MCRC No.8143/2023 and further considering the period of pretrial detention of the applicant, 3 without commenting anything on merits of the case, I am inclined to release the applicant on bail. 6. Accordingly, the application is allowed and it is directed that on applicant’s furnishing a personal bond in the sum of Rs.1,00,000/- (One Lac) with two sureties for the like sum to the satisfaction of the concerned Court, he shall be released on bail on the following conditions:- (a) he shall not act in any manner which will be prejudicial to fair and expeditious trial, (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of case, (d) he shall not involve himself in any offence of similar nature in future. Sd/- (Deepak Kumar Tiwari) Judge Ajay