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2025 DAILYLAW 59059 (CHH)

RAHUL KUMAR PASWAN v. STATE OF CHHATTISGARH

MCRC/9238/2025 · 2025-11-16

Public Interest Litigationbody2025

Judgment text

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1 2025:CGHC:55875 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9238 of 2025 Rahul Kumar Paswan S/o Pramod Pasawan, Aged About 24 Years R/o Jawahar Nagar, Berami Bokaro, Jharkhand District Bokaro, Jharkhannd. ... Applicant versus State of Chhattisgarh Through SHO-Vaishali Nagar, District Durg (C.G.) ... Non-applicant For Applicant : Mr. B.P. Singh, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.11.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 139/2025 registered at Police Station Vaishali Nagar, District Durg (C.G.), for the offences punishable under Sections 351(4), 140(1), 61(2) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, the complainant, Pralahad, lodged a report at the Police Station stating that since 20.05.2025 at about 5:00 PM, somebody had been continuously calling his nephew on his mobile number 8109857496 and threatening to kill him in relation to certain money transactions. He further stated that his nephew had gone on a ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.18 11:36:23 +0530 2 pilgrimage to Baba Baidhyanath, Jharkhand. Based on the said complaint, the Police registered FIR bearing Crime No. 139/2025 under Section 351(4) of the BNS and commenced investigation. During the investigation, the Police ofÏcials traced the aforesaid mobile number, and its location was found to be at Bokaro. Accordingly, a team of Police personnel proceeded to Bokaro and, during the search, found the suspect, namely Rahul Paswan (Applicant). Upon inquiry regarding Rajat Shah, the present Applicant stated that he, along with the other co- accused, namely Ankit Mahto, Simran Kaur, Vikku @ Vikrant, Kaju @ Aman, and Shubham, had confined Rajat Shah and demanded money from his family because they had lost money in the Reddy Anna cricket betting. Thereafter, the Police arrested him on 23.05.2025 at 11:35 PM. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He submits that the other co-accused persons, namely, Shivendra Tiwari and Simran Kaur, vide order dated 29.08.2025 and 30.10.2025 have already been granted regular bail by this Court in MCRC No. 6825 of 2024 and MCRC No. 7558 of 2025. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the co-accused person, namely, Shivendra Tiwari and Simran Kaur, vide order dated 29.08.2025 and 30.10.2025 have already been granted 3 regular bail by this Court in MCRC No. 6825 of 2024 and MCRC No. 7558 of 2025. Also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and he has been in jail since 23.05.2025 and the conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Rahul Kumar Paswan, involved in Crime No. 139/2025 registered at Police Station Vaishali Nagar, District Durg (C.G.), for the offences punishable under Sections 351(4), 140(1), 61(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing personal bond with two local 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 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 4 proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the 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. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 9. OfÏce 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 Abhishek