Chattisgarh High Court
Ramesh Banjare vs State Of Chhattisgarh on 5 March, 2025
Author: Narendra Kumar Vyas
Bench: Narendra Kumar Vyas
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2025:CGHC:10661
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1764 of 2025
Ramesh Banjare S/o Samaru Ram Banjare Aged About 64 Years R/o
Shakti Nagar, Sangam Chowk, P.S. Khamardih, District Raipur,
Chhattisgarh. .. Applicant (s)
versus
State Of Chhattisgarh Through The Station House Officer, P.S. City
Kotwali, District - Balodabazar-Bhatapara, Chhattisgarh.
--- Respondent
For Applicant : Ms. Saloni Verma, Advocate
For Respondent/State : Mr. Saneev Pandey, Dy. Advocate General
Hon’ble Shri Justice Narendra Kumar Vyas
Order on Board
05.03.2025
1. This is the second bail application of the applicant under Section 483 of
B.N.S.S., 2023 for grant of regular bail, as he has been arrested on
12.06.2024 in connection with Crime No. 384/2024, registered at Police
Station City Kotwali Balodabazar, District – Balodabazar (C.G.) for the
offence punishable under Sections 147, 148, 149, 186, 353, 332, 440,
435, 307, 427, 120-B of the IPC, Sections 3 and 4 of Prevention of
Damage to Public Property Act and 25 & 27 of the Arms Act. First bail
application of the applicant was rejected on 10.12.2024 in MCRC No.
6845 of 2024.
Digitally
signed by
SANTOSH
SANTOSH KUMAR
KUMAR SHARMA
SHARMA Date:
2025.03.06
10:41:01
+0530
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2. The prosecution story, in brief, is that the present complainant- Deputy
Superintendent of Police has lodged a complaint on 13.06.2024 before
Police Station- City Kotwali, Baloda-Bazar alleging that some persons
belonging to Satnami Samaj have committed incident of assault on the
pretext that on 15/16th May, 2024 at Village- Mahakoni, Police Station-
Amargupha, Giroudpuri, a monument of Satnami Samaj was damaged
and loss to the said property was done, therefore, Crime Nos. 105/2024
and 384 of 2024 for commission of offence under Section 295, 34 of IPC
was registered on 17.05.2024.
3. Learned counsel for the applicant would submit that the applicant has
been falsely implicated in the case. He would further submit that there is
no direct evidence against the applicant. He would further submit that the
applicant has no past antecedent and he is in jail since 12.06.2024
therefore, the applicant may be enlarged on bail. Lastly he would submit
that the investigation has been completed, charge-sheet has been filed. It
has also been contended that other co-accused Narayan Miri whose bail
application was rejected by this Court have preferred Special Leave to
Appeal (Criminal) No. 14169/2024 and the Hon’ble Supreme Court vide its
order dated 24.01.2025 has granted the bail to the co-accused. The
operative part of the order is as under:
4. “Considering the period of incarceration of the
petitioner and the entire facts and circumstances of this
case, we are of the opinion that a case of bail is made out
for the petitioner and therefore, the prayer for bail is
allowed.
5. Accordingly, the petitioner is directed to be released
on bail forthwith on the usual terms and conditions to be
decided by the concerned court.”
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6. On the other hand learned State counsel vehemently objected the
submission of the learned counsel for the applicant and would submit that
after registration of the FIR sufficient material has been collected by the
prosecution and the statements of the witnesses were recorded. He would
further submit that the applicant has been identified by the complainant
and the mobile record of the applicants also suggest their presence at the
place of occurrence, Thus, he would submit that there was involvement of
the applicants in the commission of crime, therefore, he would pray for
rejection of the bail.
7. I have learned counsel for the parties and perused the diary and
considering the order passed by the Hon’ble Supreme Court in case of
Narayan Miri (Supra).
8. Considering the fact that the applicant is in jail since 12.06.2024, charge-
sheet has already been filed and trial may take some time, I am of the
view that a case of bail is made out by the applicant.
9. Accordingly, bail application filed under Section 483 of Bhartiya Nagrik
Suraksha Sanhita, 2023 is allowed and the applicant is directed to be
released on bail forthwith. It is directed that the applicant shall be released
on bail by furnishing a personal bond for a sum of Rs. 25,000/- with one
surety in the like amount to the satisfaction of the concerned trial court. He
shall appear before the trial court on each and every date given by the
said trial court, till disposal of the trial.
Sd/-
(Narendra Kumar Vyas)
Judge
Santosh