2025:CGHC:15468 NAFR KUNAL DEWANGAN HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by KUNAL DEWANGAN MCRC No. 2550 of 2025 Gyanendra Netam S/o Kachru Ram Netam Aged About 20 Years R/o Ward No. 09 Linepara Nagari, Police Station- Nagari, District- Dhamtari (C.G.)

... Applicant(s)

versus State Of Chhattisgarh Through Station House OfÏcer, Police Station-

Nagari, District- Dhamtari (C.G.)

... Non-applicant(s)

For Applicant : Mr. Sajal Kumar Gupta, Advocate For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

02/04/2025

1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 93/2024 registered at Police Station- Nagari, District- Dhamtari (C.G.), for the offences punishable under Section 118(1), 309(6) of the BNS.

2. Case of the prosecution, in brief is that on 23-11-2024, at around

05:30 pm, the complainant, left for his village Dabgaon and reached near Karraghati Chameda Mod Tiraha, when three unknown persons came from behind on a scooty and turned the key of his motorcycle, due to which the vehicle turned and got up, then two unknown masked persons caught his hand and the third person put a knife on his neck and put his hand in his pocket and took out Rs 200/- and saying that he has nothing, all three, in collusion, abused him and stabbed him in the back of the right hip with a sharp weapon. The scooty on which the three persons had come was black in colour and did not have a number plate. When the complainant lodged a report of the above incident at the Nagari police station, under Crime No. 93/2024, Section 118 (1), 309 (6) of the BNS, 2023 was registered against the unknown accused and investigation proceedings were started. During the investigation, the accused of the case, Dheeraj Bisen and Hiteshwar Markam, were taken into custody and a memorandum statement was recorded. According to the memorandum statement of accused Dheeraj Bisen, the vehicle used in the incident was the scooty and on the basis of the memorandum statement of accused Hiteshwar Markam alias Pradhan, the sharp knife used in the incident was seized.

3. Learned counsel for the applicant submits that the present applicant is innocent and he has been falsely implicated in this case. He further submits that the applicant along with two co-accused involved in the present case and the statement of the complainant and had already been recorded by the trial Court and the applicant is in jail since 24.11.2024 and further it is stated that no incriminating article was recovered from the possession of the present applicant as the same was recovered from the possession of the co-accused and so far as the criminal antecedent of the applicant is concerned, the applicant has three criminal antecedents out of which in one case, the applicant has acquitted and one case has disposed of and one case is still pending which has been clearly explained in the bail application and in the present case, charge-sheet has been filed before the competent Court and the trial is taking some more time, hence, he prays for releasing the applicant on regular bail.

4. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits the fact that in the present case, although the applicant/accused Gyanendra Netam did not inflict any injury on the complainant and no sharp weapon or loot amount was seized from him but he had removed the key from the complainant's vehicle at the beginning of the incident, causing the motorcycle to stop. Nevertheless, this case involves the joint commission of robbery and the applicant/accused is equally liable along with the other co-accused for the entire criminal moreover, the applicant has three criminal antecedents which has been explained in the bail application of para No. 4(A), as such the present