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2025 Supreme(Online)(Chh) 9806
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ
Samsad Khan – Appellant
Versus
State Of Chhattisgarh – Respondent
MCRC No. 4752 of 2025
For the Applicant: Ms. Maya Chaturvedi
For the Respondent: Mr. Soumya Rai
Granting bail when there are no prior criminal records and substantial evidence of involvement.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Bail application - Grant of regular bail sought for applicant arrested in connection with serious charges - Application dismissed as the applicant has no criminal antecedents, but conditions placed for bail. (Paras 1-7)
(B) Criminal Procedure - Bail principles - The court considered factors such as prior criminal record, the nature of the offense, and the economic threats posed by the applicant in the decision to grant bail. (Paras 6-7)
Facts of the case:
The complainant alleged the applicants, claiming to render agricultural services, deceived him and snatched Rs. 7,00,000/- from him. The applicant's name was not in the FIR, and the recovery of the money was not attributed to him.
Findings of Court:
The applicant was entitled to bail considering no previous criminal record, the period in custody, and no recovery of cash.
Issues: The main issues included the applicant’s role in the crime, the evidence presented, and the concerns regarding the potential flight risk.
Ratio Decidendi: The court ruled that the absence of criminal antecedents and the lengthy time required for trial warranted bail, affirming that prior detention time and case particulars are crucial in bail determinations.
Result: The applicant was granted bail under specific conditions.
| Table of Content |
|---|
| 1. bail application filed for an accused in a property crime. (Para 2) |
| 2. arguments regarding the innocence and encumbrances faced by the applicant. (Para 3 , 4) |
| 3. court's assessment of case circumstances justifying bail. (Para 5 , 6) |
| 4. conditions set for the grant of bail based on potential misuse. (Para 7) |
Order on Board
16/07/2025
1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.36/2025 registered at Police Station Bhanupratap, District - North Baster Kanker (C.G.) under Sections
309(4), 351(2), 238(b) of BNS, 2023.
2. Case of the prosecution is in a nutshell that, complainant Chinta Ram Markam, a resident of a written Santoshpara, Bhanupratappur lodged complaint at Police Station Bhanupratappur alleging inter-alia that on 17/02/2025, two individuals visited his house in Village Jhalyapara, claiming to be from Bhopal (M.P.) and engaged in agricultural work using a JCB machine on a rental basis. They asked if he wanted to hire them for agricultural work, to which he agreed. On 22/02/2025, one person arrived at his house operating a JCB, followed by two others on a motorcycle. During their conversation, the JCB driver identified himself as Manoj Pradhan and the owner as Vijay Kumar Nahta, a resident of Amoda. On the same day, the JCB driver began the agricultural work. On advance 23/02/2025, the two agents took an payment of Rs. 32,500/- and stayed at the On 24/02/2025, the two agents visited the complainant's house in the morning and stated that additional funds were required for the repair of agricultural equipment. The complainant accompanied them on their motorcycle to the State Bank of India, Branch Bhanupratappur, where he withdrew Rs. 7,00,000/- in cash. After withdrawing the money, they stopped near a garden in Basantnagar, Bhanupratappur, where the two agents snatched the whole amount of Rs. 7,00,000/- from his hands and threatened to kill him if he reported the incident to anyone. Based on the complainant's Bhanupratappur written complaint, Police Station registered a First Information Report bearing Crime No. 36/2025 against the two unknown persons for the offence punishable under Sections 309 (4) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 and initiated an investigation. During the investigation, CCTV footage from the State Bank of India, Branch Bhanupratappur, and nearby shops was reviewed. The mobile number provided by the complainant was used to make calls and trace the location of the suspects. Upon reaching the location and conducting inquiries, the suspect/applicant admitted to the crime during interrogation. A memorandum of his statement was recorded and based on this, he and another accused Koko, were arrested. After completion of entire investigation, charge- sheet was filed for the offence punishable under Section 309 (4), 351(2), 238(b) of the Bharatiya Nyaya Sanhita, 2023 and the case is pending before the learned Judicial Magistrate First Class, Bhanupratappur, District - North Bastar Kanker (C.G.) as Criminal Case No. 1821/2025 for trial.
3. Learned counsel for the applicant submits that the present applicant is innocent and he has been falsely implicated in the present case. She would submit that in the FIR, applicant name is not mentioned and not recovered the alleged amount of Rs.7,00,000/- from the present applicant. She would submit that the applicant is in jail since 03/04/2025, there is no criminal antecedents against the applicant, charge sheet has been filed and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant.
4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He would submit that applicant is resident of State of Uttar Pradesh and there is no previous criminal antecede
