1 2025:CGHC:11249 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1539 of 2025 Deepak Singh Thakur @ Sonu Thakur S/o Prahlad Singh Thakur Aged About 23 Years R/o Soniyanagar, Kotraroad Ward No. 40, Police Station- Kotraroad, District Raigarh, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- City Kotwali, Raigarh, District Raigarh, Chhattisgarh. ... Respondent For Applicant : Mr. Ashish Gupta, Advocate For Respondent : Mr. Amandeep Singh, Panel Lawyer Hon’ble Mr. Justice Naresh Kumar Chandravanshi Order on Board 06/03/2025 1. This is first bail application filed by the applicant under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of bail as he has been arrested in connection with Crime No. 697/2023, registered at Police Station City Kotwali, Raigarh, District Raigarh for commission of offence punishable under Sections 341, 294, 506, 323, 365, 307, 147, 148 & 149 of the Indian Penal Code. 2. Case of the prosecution, in brief, is that applicant along with other co- accused persons abducted complainant – Ajay Das Manikpuri and his brother 2 Vinod Das Mahant, abused them, assaulted them by Kada (bangles made of metal), wooden club and hands & fists and threatened to kill them. It is alleged that the complainants have been abducted in order to pressurize them to turn hostile in the criminal case pending against applicant Vijay @ Bijju Thakur. Based on the above facts, present crime has been registered against the applicant and other co-accused persons. 3. Counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime in question. He submits that the applicant was arrested on 20.01.2024. Subsequently, he was granted regular bail by 3rd Upper Sessions Judge, Raigarh vide order dated 4.4.2024 passed in Bail Petition No. 304/2024 with condition No. 4 that in case of repetition of offence, bail order shall be deemed to be automatically cancelled. Thereafter, applicant was arrested in Crime No. 366/2024 registered at Police Station, Kotwali, Raigarh for the offence under Sections 147 & 148 of the IPC and Sections 25 (1)(b) & 27 of the Arms Act, therefore, on being application filed by Prosecution under Section 439 (2) of Cr.P.C., the applicant was arrested on ground of violation of condition No. 4 of granting bail vide order dated 4.4.2024 passed in Bail Petition No. 304/2024. Aforesaid bail was rejected by 6th Upper Sessions Judge, Raigarh vide order dated 03.07.2024 passed in Bail Petition No. 566 / 2024. Subsequently, applicant filed Cr.M.P. No. 2371 / 2024 challenging order dated 03.07.2024 passed by 6th Upper Sessions Judge, Raigarh, but that Cr.M.P. was dismissed as withdrawn with liberty to file appropriate petition before the appropriate Court vide order dated 16.01.2025. Till then, charge-sheet was filed in respect of Crime No. 697/2023, which was registered as Sessions Trial No. 17/2024, therefore, applicant filed fresh bail application under Section 439 of the Cr.P.C., but the 3 same has been rejected by 6th Upper Sessions Judge, Raigarh vide order dated 22.01.2025 holding that in view of the criminal antecedent of the applicant, he is not entitled for grant of bail, as he has already violated the conditions of bail order dated 4.4.2024 passed in Bail Petition No. 304/2024. 3.1 Learned counsel appearing for the applicant submits that in subsequent criminal case bearing Crime No. 366/2024, after filing charge- sheet, case was registered as Criminal Case No. 1178 / 2024, in which, after trial, applicant has been acquitted from that case vide judgment dated 04.01.2025 by Judicial Magistrate First Class, Raigarh, District Raigarh. It is further contended that four similarly situated co-accused persons have been granted regular bail by this Court vide order dated 27.03.2024 passed in M.Cr.C. No. 1852 / 2024 (Annexure A-6). It is further contended that in instant case grievous offence registered against accused persons is 307 of the IPC, but there is no grievous injuries caused to the victim, even he was not in hospitalized for alleged injuries. It is next contended that applicant is in detention since 03.07.2024 and the trial has not been commenced yet, hence, applicant may be enlarged on bail. 4. On the other hand, learned counsel for the State vehemently opposes the submission made by counsel for the applicant and submits that six criminal antecedents have been reported against the applicant, therefore, considering the fact that the applicant is habitual offender, he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Having heard learned counsel for the parties, having regard to the fact that in instant case, earlier bail was granted by 3rd Upper Sessions Judge, 4 Raigarh vide order dated 4.4.2024 passed in Bail Petition No. 304/2024. Subsequently, on registration of other crime, his bail order was cancelled. Further, considering the fact that out of total five accused persons, four similarly situated co-accused persons have been granted regular bail by this Court vide order dated 27.03.2024 passed in M.Cr.C. No. 1852 / 2024, therefore, I am inclined to allow the bail application. 7. Accordingly, the bail application is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the concerned Trial Court, he shall be released on bail on the following conditions. (i) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (iv) He shall not involve himself in any offence of similar nature in future. Sd/- (Naresh Kumar Chandravanshi) Judge Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.03.07 18:21:28 +0530 5