Citation : 2025 Latest Caselaw 4248 Chatt
Judgement Date : 4 September, 2025
1
2025:CGHC:45261
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 6670 of 2025
Rishikesh Behera @ Sonu, S/o Kirtiram Behera, Aged About
32 Years, R/o Village- Bicchiya, Police Station- Saraipali,
District- Mahasamund (C.G.)
---- Applicant
Versus
State of Chhattisgarh Through : The Police Station -
Saraipali, District Mahasamund (Chhattisgarh)
---- Respondent
For Applicant : Mr. Kishore Narayan, Advocate. For Respondent. : Ms. Nandkumari Kashyap, P.L.
Hon'ble Smt. Justice Rajani Dubey
Order on Board 04/09/2025
1. The applicant has preferred this first bail application under
Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023
for grant of regular bail as he is arrested in connection with
Crime No. 46/2020 registered at Police Station - Saraipali,
District - Mahasamund (C.G.) for the offence punishable
under Sections 379, 427, 34 of IPC.
2. Allegation against the applicant is that he along with other
accused persons stolen oil from the transformer and set it
on fire causing loss to the tune of Rs.48,369/- to the State
exchequer and thereby committed the offence punishable
under Sections 379, 427, 34 IPC.
3. Learned counsel for the applicant submits that the applicant
is innocent and has been falsely implicated in the crime in
question. Learned counsel referring para 9 of the judgment
dated 27.07.2024 passed in S.T. No.28/2020 in respect of
co-accused Ramdular Chauhan, submits that the eye
witness Gajanand Patel (PW-1) has not named the
applicant. Even the name of applicant does not find place in
the FIR. Learned counsel also submits that the applicant is
behind the bar since 15.06.2025 and similarly situated co-
accused person namely Ramdular Chauhan in MCRC
No.2741/2020 was granted bail by co-ordinate Bench vide
order dated 29.05.2020, therefore, the present applicant
may also be extended privilege of regular bail.
4. Counsel for the State however opposes the application for
regular bail.
5. Considering the totality of the facts and circumstances of the
case and further considering order dated 29.05.2020
passed in MCRC No.2741/2020 granting bail to co-accused
person, I am inclined to release the applicant on regular
bail.
6. Accordingly, the bail application is allowed and the applicant
is directed to be released on bail on his executing a
personal bond in the sum of Rs.25,000/- - 25,000/- with two
sureties in the like sum to the satisfaction of the trial Court.
He is directed to appear before the trial Court concerned on
each and every date given to him by the said Court.
Sd/-
(Rajani Dubey) pkd Judge
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