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2025 DAILYLAW 8922 (CHH)

MANOJ KUMAR v. STATE OF CHHATTISGARH

MCRC/1898/2025 · 2025-04-16

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Judgment text

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1 2025:CGHC:17475 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1898 of 2025 Manoj Kumar S/o Gyandeen Aged About 36 Years R/o N 28, B-97, Vajirpur Industrial Area, Ashok Vihar, Vajirpur 3, North West Delhi ... Applicant versus State of Chhattisgarh Through - Police Station - G.R.P. Dongargarh, Distt.- Rajnandgaon (C.G.) ... Non-Applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 16.04.2025 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.29/2024, registered at Police Station – G.R.P. Dongargarh, District- Rajnandgaon (C.G.) for the offence punishable under Sections 305 and 123 of Indian Penal Code. 2 The case of the prosecution, in brief, is that on 07.07.2024 the complainant, namely, Diveyesh Saxena has lodged written report against PREETI KUMARI Digitally signed by PREETI KUMARI 2 the unknown person stating that when he was travelling in train some unknown person made friendship with him and after passing the Station Rajnandgaon unknown person given water due to which he fell unconscious and as he reached Howrah Railway Station he saw that his mobile phone, money and other necessary items have been theft, thereafter he lodged the report at Police Station G.R.P. Dongargarh, District- Rajnandgaon. Thereafter, Police investigated the matter and arrested the applicant for aforesaid offence. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the applicant is not travelling with complainant in the train but due to previous criminal records the Police arrested him and the theft articles have not been seized from possession of the applicant. The applicant has 20 previous criminal antecedents out of which six cases are disposed of and two cases are still pending and the status of the other criminal antecedents are not available. The charge-sheet has been filed in this case and the applicant is in jail since 28.07.2024 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 opposed the bail application and submitted that the charge-sheet has been filed. She further submits that the applicant has 20 previous criminal antecedents . Therefore, the applicant is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused 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 fact 3 that the applicant has 20 previous criminal antecedents out of which six cases are disposed of and two cases are still pending, other cases are of similar nature of offence, I am not inclined to allow this application. 7 Accordingly, the bail application of the applicant - Manoj Kumar involved in Crime No.29/2024, registered at Police Station – G.R.P. Dongargarh, District- Rajnandgaon (C.G.) for the offence punishable under Sections 305 and 123 of Indian Penal Code, is rejected at this stage. 8 Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 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 Preeti