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[Cites 7, Cited by 0]

Chattisgarh High Court

Harsha Mahar vs State Of Chhattisgarh on 22 August, 2025

Author: Rajani Dubey

Bench: Rajani Dubey

                                                            1




                                                                                2025:CGHC:42680
Digitally signed
by RAVVA UTTEJ
KUMAR RAJU
                                                                                                    NAFR



                          HIGH COURT OF CHHATTISGARH AT BILASPUR

                                              MCRC No. 4760 of 2025


              Harsha Mahar W/o Ashish Kumar aged about 30 years, R/o Village - Khamhariya, Junvani,
              Bhilai, District - Durg (C.G.), (As Per The Case Diary Present Address Dixit Colony,
              Supela, Army Manoj Kumar Ka Kiraya Ka Makan, Thana - Supela, District - Durg (C.G.)
                                                                                       ---Applicant
                                                                                        (In Jail)


                                                         Versus


              State of Chhattisgarh Through - Police Station - Ganj, District - Raipur (C.G.)
                                                                                       --- Non-Applicant



                                              MCRC No. 5100 of 2025


              Uttam S/o Channap, aged about 38 years, R/o Belhari, P.S. Jamgaon, District - Balod (C.G.)
              at present Address Adarsh Nagar, Sanjay Nagar, P.S. Supela District - Durg (C.G.)
                                                                                       ---Applicant
                                                                                        (In Jail)


                                                         Versus


              State of Chhattisgarh Through - Station House Officer, Police Station Ganj, Raipur, District-
              Raipur (C.G.)
                                                                                       --- Non-applicant



              For Applicants           :   Mr. C.R. Sahu along with Mr. V.K. Pandey,
                                           Advocate.
              For State                :    Ms. Nandkumari Kashyap, P.L.
                                       2



                   Hon'ble Smt. Justice Rajani Dubey
                              Order on Board
22.08.2025


  1.

The accused/applicants have moved this First bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as they have been arrested in connection with Crime No. 36 of 2019, registered at Police Station- Ganj, District-Raipur (C.G.) for the offences punishable under Sections 364(A), 368, 394, 376(D), 120(B), 34 of the Indian Penal Code.

2. The prosecution story, in brief, is that when the complainant was working in his shop, he was apprised by his brother that his wife/victim was caught by some unknown persons and they have demanded a ransom amount of Rs. 5,00,000/- or else they will kill her. On 01.02.2019 the complainant/husband of the prosecutrix/victim has lodged a report at Police Station Ganj on the ground that the applicants along with the co-accused persons have abducted the victim, kept her tied without clothes, beaten her, snatched Rs. 25,000/-, gold ornaments, ATM Card and committed rape upon her.

3. Learned Counsel for the applicants submits that the applicant is innocent and has been falsely implicated in the case. It is submitted that the present applicants are in jail since 09.03.2025 and 26.03.2025. It is further submitted that the main allegation is against the other co-accused persons viz. Arun Kumar and Shrivas Sarkar and they have already been granted by the regular bail vide MCRC Nos. 3650 of 2020 and MCRC No. 3650 of 2020. Thus, the applicants may also be extended privilege of regular bail.

4. On the other hand, learned State counsel opposes the bail application. 3

5. I have heard learned counsel for the parties and perused the case- diary.

6. Taking into consideration the facts and circumstances of the case and the fact that other co-accused persons on whom the main allegation was already granted regular bail by this Court, considering the totality of the fact, in particular the nature of allegation and the total detention period of the applicants, this court is of the view that it is a fit case to release the applicants on regular bail. Accordingly, the bail applications filed under Section 483 of BNSS are allowed.

7. Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 25,000/- with one surety each in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court.

Sd/-

(Rajani Dubey) Judge U.K. Raju