The court emphasized the importance of balancing liberty and justice when granting bail, particularly in cases of false implication and lack of evidence.

Order on Board

21.07.2025

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 has been arrested in connection with Crime No. 73/2025 registered at Police Station Dhabra, District Sakti (C.G.), for the offence punishable under Sections 309(4), 331 (6), 351(3), 127(2), 310(2), 111(2)(b) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 & 27 of the Arms Act .

2.

The case of the prosecution, in brief, is that the complainant/victim has made written report alleging that on 27.02.2025 between 7.40 pm to 8.00 pm, she was standing in living room of her house and at the same time a white car Innova stopped outside the house and four people covering their face with mask entered in the house of complainant with pistol and knives and they threatened the complainant and tied her hand and mouth with torn towel after that when her nephew Harsh Dansena came, they also tied him up, thereafter three men opened the cupboard of her house and threw all item and one man holding pistol snatched the locker key from the complainant and they took away 1 tola of gold mangalsutra and 5 gm gold ring, 24 tola silver anklet, 2 mobile phone 1 laptop and 8000 Rs/- cash from the house of the complainant and they threatened to kill her husband who is posted as Data Entry operator in Janpad Panchayat Malkharoda and they tied her and her nephew in the room inside the house and they ran away. Upon receiving the written complaint from the complainant the police registered the offence u/s 309(4), 331(6), 351(3), (B) 127(2), 310(2), 111(2) (kh) of B.N.S and 25, 27 of Arms Act have been registered by the police, and the police has arrested the applicant on 22.03.2025, in Crime No. 73/2025. Hence, this bail application.

3.

Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that the complainant had contested the gram panchayat election in which the applicant had opposed the complainant, due to this election rivalry, the complainant has falsely implicate the applicant in a false case and there is no seizure has been made by the police from the present applicant and he in jail since 22.03.2025, conclusion of the trial may take some time.

Therefore, he prays for grant of regular bail to the present applicant.

4.

On the other hand, the learned State counsel opposed the bail application of the present applicant .

5.

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

6.

Considering the facts and circumstances of the case, the nature and gravity of the offence, and further taking into account that no recovery was made from the possession of the applicant, the charge-sheet has already been submitted, and the co-accused has already been granted bail by this Court in MCRC No. 5273 of 2025, and that the applicant has been in jail since 22.03.2025, and the trial is likely to take some time to conclude, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case.

7.

Let the Applicant – Rewati Kumar Chouhan Alias Aman Alias Nanu, involved in Crime No. 73/2025 registered at Police Station Dhabra, District Sakti (C.G.), for the offence punishable under Sections 309(4), 331 (6), 351(3), 127(2), 310(2), 111(2)(B) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 & 27 of the Arms Act , be released on bail on 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 they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in