Chattisgarh High Court
Nirmal Singh @ Kariya @ Rocky vs State Of Chhattisgarh on 16 April, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2025:CGHC:17445
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2282 of 2025
1.Nirmal Singh @ Kariya @ Rocky S/o Late Manjeet Singh Aged About 36 Years R/o Laxmi Colony Hathi Tal P.S. Gorakhpur Jabalpur Madhya Pradesh Present R/o House Number- 67a32 Acre Housing Board P.S. Jamul District Durg Chhattisgarh (Particular Of The Applicant Is Not Properly Mentioned In The Cause Title In English Of The Impugned Order)
--- Applicant(s) versus
1. State Of Chhattisgarh Through Sho, Police Station Khursipar Bhilai District Durg (C.G.)
--- Non-Applicant(s) MCRC No. 2383 of 2025
1. Nirmal Singh @ Kariya @ Rocky S/o Lt. Manjeet Singh Aged About 36 Years R/o Laxmi Colony Hathi Tal P.S. Gorakhpur Jabalpur Madhya Pradesh Present R/o - House No. - 67 A32 Acre Housing Board P.S. Jamul District Durg Chhattisgarh. (Particular Not Properly Mentioned In English Case Title Of Impugned Order).
---Applicant(s) Versus
1. State Of Chhattisgarh Through- S.H.O., Police Station, Vaishali Nagar, District- Durg (C.G.)
--- Non-Applicant(s) Digitally signed by MANISH MANISH YADAV YADAV Date:
2025.04.22 11:43:28 +0530 2 MCRC No. 2518 of 2025
1. Nirmal Singh @ Kariya @ Rocky S/o Lt. Manjeet Singh Aged About 36 Years R/o- Laxmi Colony Hathi Tal P.S. Gorakhpur Jabalpur Madhya Pradesh, Present R/o- House Number- 67a 32 Acre Housing Board, P.S. Jamul, District- Durg, Chhattisgarh
---Applicant(s) Versus
1. State Of Chhattisgarh Through- Sho, Police Station, Khursipar, District Durg (C.G.)
--- Non-Applicant(s) For Applicant(s) : Mr. Avinash Chand Sahu, Advocate appears through video conferencing along with Mr. Aman Tamrakar, Advocate For Non-Applicant(s) : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 16.04.2025
1. Proceedings of this matter have been taken through video conferencing.
2. Since the issues involved in the above-mentioned three bail applications are same, they are clubbed and heard together and are being disposed of by this common order.
3. These are the First bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime Numbers as mentioned under: 3
MCRC No. Crime No. Police Station Offence 2282/2025 229/2024 P.S. Khursipar Sections 304, 112(1), 3(5) Bhilai, District - and 335 of B.N.S. (corresponding law 34 Durg (C.G.) and rest of the sections are new added in B.N.S.) 2383/2025 235/2025 P.S. Vaishali Sections 304, 112(1), 3(5) Nagar, District - and 335 of B.N.S. (corresponding law 34 Durg (C.G.) and rest of the sections are new added in B.N.S.) 2518/2025 04/2025 P.S. Khursipar Sections 304, 112(1), 3(5) Bhilai, District - and 335 of B.N.S. (corresponding law 34 Durg (C.G.) and 464 of IPC and rest of the sections are new added in B.N.S.)
4. In MCRC No. 2282/2025 - The Prosecution case, in brief, is that the complainant lodged a report before the Police Station Khursipar Bhilai, District Durg (C.G.) stating that on 19.11.2024 at around 05:50 AM complainant was plucking flowers infront of her house at the same time an unknown motorcycle accompanied by two unknown boys snatched away her gold necklace weighing 0.7500 grams worth about Rs. 20,000/-
from her neck and ran away. On the basis of the complaint, the police registered the offence under Sections 304, 112(1), 3(5) and 335 of B.N.S. (corresponding law 34 and rest of the sections are new added in B.N.S.) and during the investigation, the police came to know about the similar offence registered in the police station Vaishali Nagar and it is found that the present applicant has been arrested in the Crime Number 4 235/2024 and on the basis of the memorandum recorded in the above crime number the police arrested the applicant.
5. In MCRC No. 2383/2025 and MCRC No. 2518/2025 - The Prosecution case, in brief, is that the complainant lodged a report stating that on 12.11.2024 at around 04.45 am complainant G Annanapurna was cleaning in front of her house at the same time an unknown motorcycle accompanied by two unknown boys snatched away her gold necklace weighing 25- 26 grams worth about Rs. 70,000/- from her neck and ran away. On the basis of the complaint, the police registered the offence under Sections 304, 112(1), 3(5) and 335 of B.N.S. (corresponding law 34 and 464 of IPC and rest of the sections are new added in B.N.S.) and during the investigation the police came to know about the similar offence registered in the police station Vaishali Nagar and it is found that the present applicant has been arrested in the Crime Number 235/2024 and on the basis of the memorandum recorded in the above crime number the police arrested the applicant.
6. Learned counsel for the applicant would submit that the applicant is innocent person and he has not committed any offence as alleged by the prosecution and he is falsely implicated in the present case. It is further submitted that the applicant has no any criminal antecedents of similar nature. It has been further submitted that applicant was arrested by the 5 police in connection with Crime No. 229/2024 and thereafter, two other cases were imposed on him on the same day and the recoveries which have been alleged is false one. They further submitted that other co-accused has been granted bail by the learned trial Court vide order dated 07.03.2025, the charge-sheet has been submitted and the applicant is in jail since 03.01.2025. Therefore, they pray that the applicant be enlarged on bail.
7. On the other hand, the learned counsel for the State opposes the bail application and also endorse the submission made by the learned counsel for the applicant and would submit that the complainant has identified the items which was looted by the applicant, therefore, he is not entitled to be released on bail.
8. I have heard learned counsel for the parties and perused the case diary.
9. Considering the facts and circumstance of the case, nature and gravity of allegation made against the applicant and the fact that the other co-accused has already been acquitted, further the charge-sheet has been filed in the present case before the competent Court and he is in jail since 03.01.2025, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case.
10. Let applicant, Nirmal Singh @ Kariya @ Rocky, involved in Crime Nos. 229/2024 and 04/2025, registered at Police Station 6 Khursipar, District - Durg (C.G.) (MCRC No. 2282/2025 and MCRC No. 2518/2025) and Crime No. 235/2025, registered at Police Station Vaishali Nagar, District - Durg (C.G.) (MCRC No. 2383/2025), for the offence punishable under Sections 304, 112(1), 3(5) and 335 of B.N.S. (corresponding law 34 and 464 of IPC and rest of the Sections are new added in BNS), be released on bail on his furnishing personal bond with two local sureties 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) The applicant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of BNS.
(iii) 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 7 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 BNS.
(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.
11. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha) Chief Justice Manish