[Cites 9, Cited by 0]
Chattisgarh High Court
Dharmendradas @ Ravidas @ Prajapati vs State Of Chhattisgarh on 9 March, 2026
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2026:CGHC:11180
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2140 of 2026
1 - Dharmendradas @ Ravidas @ Prajapati S/o Late Buddhuram Aged About 46
Years R/o Konchdih, P.S. - Konch, District- Gaya (Bihar)
... Applicant
Versus
1 - State Of Chhattisgarh Through Police Station - City Kotwali, District- Raigarh
(C.G.)
... Non-Applicant
For Applicant : Mr. Dhirendra Prasad Mishra, Advocate
For Non-Applicant : Ms. Anuja Sharma, Dy. Government Advocate
SB: Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD
09/03/2026
1. This is the first bail application filed by the applicant 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. 696/2023 registered
at Police Station - City Kotwali, District - Raigarh, Chhattisgarh for the
offences punishable under Sections 342, 450, 397, 394, 324, 120B/34 of
the Indian Penal Code, 1860 and under Sections 25 & 27 of the Arms
Act, 1959.
2. Case of prosecution is that, on 19.09.2023, some persons entered into
the Asix Bank, Raigarh, have committed robbery and ran away. Incident
was reported to the concerned police station and it was circulated to the
entire border areas of the State. When applicant was travelling in
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motorcycle bearing registration no. CG 12 M 0151, his motorcycle was
intercepted by the police, and on suspicion, he was taken to police
station and thereafter, he was arrested. His memorandum statement was
also recorded.
3. Learned counsel for the applicant submits that applicant is innocent, he
has been falsely implicated in the crime. He has not committed any
offence as alleged. He submits that the applicant has been intercepted by
the police while driving on the motorcycle bearing registration no. CG 12
N 0151 (Honda Shine) by the police and seizure of one country made
pistol along with 06 live cartidges is shown to be seized. Apart from
above seizure, no other incriminating article was seized from the
possession of the applicant. Other similarly situated co-accused persons
have been enlarged on bail including the persons from whom the, Truck
and Creta Car, from which, the cash has been seized were enlarged on
bail by this Court. Case of the applicant is on better footing. Applicant is
in jail since 09.10.2023 He submits that out of 72 enlisted witness, only
27 witness have been examined till date.
4. On the other hand, learned State counsel opposes the submission made
by counsel for the applicant and would submit that the police during
course of investigation has taken out the CCTV Footage in which, the
persons along with the bags of cash were found traveling on a
motorcycle is seized from the possession of the applicant. He is also
found in possession of the country made pistol along with 06 live
cartridges.
5. However, upon asking the learned counsel for the Respondent/State as
to whether in the CCTV Footage, number of the motorcycle is also
appearing, she submits that the photographs which is forming part of the
case-diary/charge-sheet, number is not clearly reflecting. She submits
that witnesses namely, Navin Sharma and Vivek Rathore are witnesses
to the seizure memo.
6. At this stage, learned counsel for the applicant submits that the seizure
witnesses have been examined and they stated that they were called in
the police station and the seizure has been made in the police station.
7. I have heard learned counsel for the respective parties and perused the
documents filed along with the bail application.
8. Taking into consideration, facts and circumstances of the case, nature of
allegations, submission of learned counsel for the respective parties,
other co-accused persons are enlarged on bail, period of pre-trial
detention suffered by the applicant, documents enclosed along with the
bail application, trial is likely to take sometime, without commenting
anything on merits of the case, I am inclined to allow this application for
grant of bail.
9. Accordingly, the bail application filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that
applicant shall be released on bail upon his furnishing a personal bond in
the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction
of Trial Court concerned on the conditions that:
(a) 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.
(b) 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
sufficient cause, the trial court may proceed against him under Section 269 of
Bharatiya Nyaya Sanhita.
(c) In case, the applicant misuses the liberty of bail during trial andin order to
secure her presence, proclamation under Section 84 of BNSS. is issued and
the applicant fails to appear before the court on the date fixed in such
proclamation, then, the trial court shall initiate proceedings against him, in
accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita.
(d) 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 sufficient 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.
10. Office is directed to send a certified copy of this order to the trial Court
concerned for necessary information and compliance forthwith. Certified
copy as per rules.
Digitally
SHUBHAM signed by Sd/-Sd/-
DEY SHUBHAM
DEY (Parth Prateem Sahu)
Judge
Dey
