2025:CGHC:17874 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2444 of 2025

1. Kishore Ramwani S/o Kanhaiya Lal Aged About 32 Years R/o Ward No. 04, Juna Talab Naila Chowki Naila, Thana Janjgir, District Janjgir Champa Chhattisgarh.

--- Applicant(s)

versus

1. State Of Chhattisgarh Through Police Station, Janjgir, District Janjgir Champa, Chhattisgarh.

--- Non-Applicant(s)

MCRC No. 2456 of 2025

1. Kishore Ramwani S/o Kanhaiya Lal Aged About 32 Years R/o Ward No. 04, Juna Talab Naila Chowki - Naila, Thana Janjgir, District : Janjgir-Champa, Chhattisgarh --- Applicant(s)

Versus

1. State Of Chhattisgarh Through Police Station Janjgir, District :

Janjgir-Champa, Chhattisgarh --- Non-Applicant(s)

For Applicant(s) : Mr. Mateen Siddiqui, Advocate For Non-Applicant(s) : Mr. Bharat Gulbani, Panel Lawyer Digitally signed by MANISH MANISH YADAV YADAV Date:

2025.04.25 +0530 Hon'ble Mr. Ramesh Sinha, Chief Justice

Order On Board

21.04.2025

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 applications 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:

4. Prosecution case in brief is that the applicant have a shop in the village Naila, Thana - Janjgir, District Janjgir-Champa (C.G.) of Mobile Accessories & SIM Card seller in the name of Fun Mobile. The applicant had sold 50-60 SIM card of Airtel Company to the bogus customers while using the identity card (Adhar Card) and photograph of the other person without their knowledge in a fraudulent manner. The same was alleged to be accepted by the present applicant in his memorandum. On the basis of the which, a crime was registered against the applicant.

5. 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. It has been further submitted that in Crime No. 140/2025, co-accused has already been granted bail by the trial Court and in Crime No. 141/2025, charge-sheet has not been filed as the co-accused could not appear before the trial Court as she has granted bail in other case. He further submits that the charge-sheet has been submitted in MCRC No. 2456/2025 and the applicant is in jail since 02.03.2025. Therefore, he prays that the applicant be enlarged on bail.

6. 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(s). He also submitted that charge-sheet has been filed in MCRC No. 2456/2025, therefore, he is not entitled to be released on bail.

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

8. Considering the facts and circumstance of the case, nature and gravity of allegation made against the applicant(s) one of the co-accused has already been acquitted by the trial Court in Crime No. 140/2025, further the charge-sheet has been filed in MCRC No. 2456/2025 before the competent Court and he is in jail since 02.03.2025, therefore, this Court is of the view that the applicant is entitled to be released on bail in this cas