Chattisgarh High Court
Deepak Singh Thakur @ Sonu Thakur vs State Of Chhattisgarh on 6 March, 2025
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
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
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 3 rd Upper Sessions Judge,
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 Digitally signed
AMIT by AMIT
KUMAR DUBEY
KUMAR Date:
DUBEY 2025.03.07
18:21:28 +0530
