Chattisgarh High Court
Sunil Kumar @ Sunil Kumar Hidco vs State Of Chhattisgarh on 29 May, 2025
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HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 4164 of 2025
SUNIL KUMAR @ SUNIL KUMAR HIDCO versus STATE OF
ROHIT
KUMAR CHHATTISGARH
CHANDRA
Digitally signed
by ROHIT
KUMAR
Order Sheet
CHANDRA
29/05/2025 Heard Mr. Hemant Gupta, Advocate appearing for the
applicant.
Also heard Mr. Neeraj Sharma, Dy. AG appearing for
non-applicant/State.
The office has pointed out that there are certain
defects in the present bail application and on query being
made from the counsel with respect to the defects as have
been pointed out by the Registry, he states that in the
affidavit which has been filed in support of the present bail
application, the bail of the co-accused Rahul Kumar Malekar
was granted by this Court and there is a spelling mistake in
the name of the said co-accused and further it has been also
pointed out by the Registry that in the bail granting to the co-
accused namely Narayan Solwanshi, who was granted bail
by this Court in MCRC No. 2128 of 2025 on 08.05.2025, the
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case crime number which was mentioned in said order was
60/2024 in place of 60/2025 and the counsel for the
applicant further submitted that in the police report which
was submitted, the same crime number has been mentioned
and he has produced the copy of the same but from the
perusal of the FIR which has been lodged for the offence in
question in which the applicant was granted bail, the case
crime number has been mentioned 60/2025 and hence the
correct crime number appears to be 60/2025, though in the
present bail application the crime number has been correctly
mentioned.
The counsel for the applicant further submitted that in
pursuance of the order passed by this Court on 08.05.2025,
in MCRC No.2128 of 2025 Narayan Solwanshi, S/o
Bhukhau Ram has been enlarged on bail in-spite of the fact
that the wrong case crime number was mentioned and it is
submitted by him that in the said bail application as well as
in the certified copy of the order rejecting bail passed by the
trial Court, wrong case crime number is mentioned as
60/2024 and after being the incorrect crime number, the
said accused has been released in pursuance of the order
dated 08.05.2025, for which he would be filing fresh
application CRMP.
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After having seen the said fact and further considering
the fact that the co-accused Narayan Solwanshi, S/o
Bhukhau Ram has already been enlarged on bail by this
Court vide order dated 08.05.2025 in MCRC No. 2128 of
2025, the Court is of the opinion that before cancelling his
bail and taking into custody, it would be appropriate that the
co-accused Narayan Solwanshi, S/o Bhukhau Ram would
also be heard, for which let notice issued to co-accused
Narayan Solwanshi, S/o Bhukhau Ram through his counsel
Mr. Hemant Gupta, who was his counsel.
The Principal District & Sessions Judge, Balod is
directed to hold an enquiry as to under what circumstances,
on the basis of the incorrect case crime number mentioned
in the bail application i.e. 60/2024 as well as in the bail
rejection order passed by the learned trial Court, which was
also overlooked in the order passed by this Court on
08.05.2025in MCRC No.2128 of 2025, whereas the correct case crime number is 60/2025, the said accused, namely, Narayan Solwanshi, S/o Bhukhau Ram has been released and submit his report within 48 hours before this Registry.
Let this matter be listed on 12th June, 2025 and the record of MCRC No.2128 of 2025 be also placed for its perusal.
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The Registrar (Judicial) is directed to send a copy of this Court to the Principal District & Sessions Judge, Balod for necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha) Chief Justice Ravi Mandavi / Chandra