[Cites 10, Cited by 0]
Chattisgarh High Court
Ramjan Ali Urf Balla vs State Of Chhattisgarh on 18 March, 2026
1
2026:CGHC:13075
AVANISH
KUMAR
PATHAK NAFR
Digitally signed by
AVANISH KUMAR
PATHAK
Date: 2026.03.19
15:22:44 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 9012 of 2025
Ramjan Ali Urf Balla S/o Late Chand Khan Aged About 37 Years R/o Village Chilhati,
Shani Mandir Ke Pass, Thana- Sarkanda, Tehsil And District Bilaspur C.G.
... Applicant
versus
State Of Chhattisgarh Through Thana City Kotwali, Bilaspur, District Bilaspur C.G.
... Respondent
For applicant : Mr. Shashi Kumar Kushwah, Adv.
For Respondent : Mr. Sabyasachi Choubey, Govt. Adv.
(Hon'ble Shri Naresh Kumar Chandravanshi, J)
Order on Board
18-3-2026
1 This is 1st bail application filed under Section 483 of Bharatiya Nagarik
Suraksha Sanhita for grant of regular bail to the applicant, who has been
arrested in connection with Crime No. 145/2022 registered at Police Station
City Kotwali, Bilaspur, District Bilaspur ( C.G.), for the offence punishable
under Sections 397, 34 of the IPC and Section 25 and 27 of the Arms Act.
2 Allegation against the applicant is that, on 21-4-2022, Deepak Soni was
present in his jewelery shop situated at Gondpara, near Sain Mandir,
Bilaspur. At about 1.00 pm, 3 persons went there and looted gold and silver
ornaments and cash of Rs. 1,300/- on gun point and knife point. They also
fired 4 bullets from pistol. One accused Ramjan alias Bablu was caught
when he was fleeing from the spot. Based on above facts, FIR was lodged
by wife of injured Deepak Soni bearing No. 145/2022 in Police Station City
Kotwali, Bilaspur for offence under Section 397, IPC, Section 25 and 27 of
the Arms Act. After investigation, charge sheet was filed against two accused
persons. Subsequently when applicant was arrested on 4-4-2023, then
supplementary charge sheet has been filed against him, which is pending
consideration before the 2nd Upper Sessions Judge, Bilaspur.
3 Learned counsel for the applicant submits that, the applicant was not named
in the FIR. He has been implicated on the memorandum statement of co-
accused persons. No increminating article has been seized from him. He is
in jail since 4-4-2023. Out of 30 witnesses, only 16 witnesses have been
examined, conclusion of trial is likely to take long time. Hence, bail
application may be allowed.
4 On the other hand, learned State counsel opposes the application for grant of
bail and submits that there are 2 more criminal cases registered against the
applicant, one, Crime No. 322/2017 for offence under Sections 302 and 201
of the IPC and second Crime No. 37/2022 under Sections 392, 395, 411,
120B and 34 of the IPC, he is a habitual offender, hence the instant bail
application may be rejected.
5 Heard learned counsel for the parties and perused the case diary.
6 Though there are 2 more criminal case registered against the applicant as
mentioned above, but in instant case, he has been implicated on the basis of
memorandum statement of co-accused persons. No incriminating articles
have been seized from him, he is in jail since 4-4-2023 in this case and
conclusion of trial is likely to take long time, hence, on due consideration, I
feel inclined to release the applicant on bail.
7 Accordingly, the bail application is allowed. Let the Applicant - Ramjan Ali Urf
Balla involved in Crime No. 145/2022 registered at Police Station City
Kotwali, Bilaspur, District Bilaspur ( C.G.), for the offence punishable under
Sections 397, 34 of the IPC and Section 25 and 27 of the Arms Act be
released on bail on his furnishing a personal bond of Rs. 1,00,000/- with two
local sureties each in the like sum to the satisfaction of the Court concerned
with the following conditions:-
(i) 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.
(ii) 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.
(iii) He shall not act in any manner which will be prejudicial to fair and
expeditious trial, and
(iv) 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.
(v) In case, the applicant misuses the liberty of bail during trial and in
order to secure his 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.
(iv) 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.
8 Office is directed to send a copy of this order to the trial Court for
necessary information and compliance forthwith.
Sd/-
(Naresh Kumar Chandravanshi)
JUDGE
Pathak/-
