Rajesh Kumar @ Akash Kumar @ Nishant … vs State Of Chhattisgarh on 12 June, 2025

Chattisgarh High Court

Rajesh Kumar @ Akash Kumar @ Nishant … vs State Of Chhattisgarh on 12 June, 2025

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                                                  2025:CGHC:23371
                                                            NAFR

       HIGH COURT OF CHHATTISGARH AT BILASPUR

                      MCRC No. 4411 of 2025
   1.

Rajesh Kumar @ Akash Kumar @ Nishant Kumar S/o. Late
Jagjivan Das Aged About 32 Years R/o. Beeja, Police Station
Dobhi, Dist. Gaya (Bihar)
… Applicant (In Jail)
versus

1. State of Chhattisgarh Through Police Station Kotwali,
Raigarh, Dist. Raigarh (C.G.)

— Non-applicant

For Applicant : Mr. Manoj V Paranjpe and Mr. Rishabh Gupta,
Advocates

For Non-applicant : Mr. K.P. Gupta, Govt. Advocate

SB: Hon’ble Mr. Justice Parth Prateem Sahu
Order on Board
12.06.2025

1. This is first bail application filed under Section 483 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (henceforth ‘the

BNSS’) for grant of regular bail to applicant, who is in custody

in connection with Crime No.696/2023 registered at Police

Station Kotawali, Raigarh (CG) for the offence punishable

under Sections 324, 342, 450, 394, 397, 120-B of the Indian

Penal Code and Section 25, 27 of the Arms act.
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2. Case of the prosecution, in brief, is that the complainant

lodged report in concerned police station that on 19.9.2023

some persons entered into Axis Bank, Raigarh, made hostage

of the officers and employees of the bank and committed

dacoity of huge quantity of gold ornaments and cash. Based

on said complaint, the instant crime was registered and in the

course of investigation, on 20.9.2023 the police arrested

accused persons including applicant herein as also looted

cash and gold ornaments and the vehicle used in commission

of offence.

3. Learned counsel for the applicant contends that applicant is

innocent and has been falsely implicated. Allegations levelled

against applicant are absolutely false and baseless. He

submits that two co-accused persons namely Rakesh Kumar

Gupta and Upendra Singh, who were also found travelling in

Creta Car in which applicant was, have already been granted

regular bail. Two bags containing currency notes were seized

from possession of co-accused Rakesh Kumar Gupta. He

submits that trial of three criminal cases, details of which are

given in bail application, are pending against the applicant,

however, in all three cases he has been granted bail.

Applicant is in jail since 20.9.2023, charge sheet has been

filed after completion of investigation and conclusion of trial is

likely to take some time because out of 72 enlisted
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prosecution witness, only 15 witnesses have been examined

so far. Hence, he prays that applicant be enlarged on regular

bail on the ground of parity.

4. On the other hand, learned counsel appearing for the State

opposes bail application and submits that present applicant

has been found in possession of Rs.11 lakhs, which was kept

in the car in which he was travelling. Apart from three criminal

cases, as mentioned in bail application, there are two more

criminal cases of similar nature registered against the

applicant in Police Station Angul. Hence, he is not entitled for

grant of bail.

5. I have heard learned counsel for the parties and perused the

case diary.

6. Taking into consideration the facts and circumstances of the

case, nature of allegations against applicant; submissions of

learned counsel for respective parties; period of pre-trial

detention of applicant and the fact that co-accused persons,

who were found travelling in the car along with present

applicant, have already been released on bail, without

commenting anything on merits, I am inclined to enlarge the

applicant on regular bail. Accordingly, this second bail of

application is allowed and it is directed that applicant shall be

released on bail on his furnishing a personal bond in the sum
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of Rs.25,000/- with one surety in the like sum to the

satisfaction of trial Court concerned on the conditions that;

• he shall appear before the trial Court concerned

regularly on each & every date unless exempted from

appearance.

• he shall not, in any manner, tamper with prosecution

witnesses.

• If he is found involved in similar offence in future, it will

be open for the State to apply for cancellation of bail.

Sd/-

(Parth Prateem Sahu)
Judge
roshan/-