Dismissed¶27

Ramesh Agariya v. State of Chhattisgarh

Chhattisgarh HC2 Dec 2025CRMP/3660/2025

Case brief

AI extract

What is this about?

Bail bond modification; Section 528 Bhartiya Nagrik Suraksha Sanhita 2023; deletion of surety condition; personal bond of Rs. 25,000/-; poverty of accused-applicant; inability to furnish surety; Section 118(1) Bhartiya Nyay Sanhita 2023; Sessions Trial No. 11/2025; Criminal Appeal No. 2027/2025; accused not appearing after release on personal bond; bailable/non-bailable warrants; Chhattisgarh High Court Bilaspur; CrMP dismissed.

What did the court decide?

The Court found no sufficient ground to modify the condition of one surety in the bail order dated 07.10.2025: it had noticed instances where accused persons released on personal bond do not appear in proceedings and, despite issuance of bailable/non-bailable warrants, do not turn up, leaving proceedings held up; the surety condition therefore stands and the application fails. ¶26

Ramesh Agariya Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

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Digitally signed by SAGRIKA SAGRIKA AGRAWAL AGRAWAL Date: 2026.01.02 11:37:07 +0530

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2025:CGHC:58707

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRMP No. 3660 of 2025

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1 - Ramesh Agariya S/o Harilal Agariya Aged About 30 Years R/o Village - Nandamali, Police Station Darima District- Sarguja (C.G.)

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... applicant(s)

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versus

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1 - State Of Chhattisgarh Through- Station House Officer, Police Station Darima, District- Sarguja (C.G.)

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... Respondent(s)

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For applicant (s)	: Mr. Chandra Bhushan Kesharwani, Advocate
For Respondent(s)	: Mr. Arvind Dubey, Govt. Advocate.

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Hon’ble Shri Justice Ravindra Kumar Agrawal, J

Order on Board

03.12.2025

1. Heard.

2. This an an application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023, for modification in the order dated 07.12.2025 filed by the applicant. By the application, the applicant seeking modification of the conditions of furnishing bail bond for releasing him on bail.

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3. The applicant is an accused in sessions trial No. 11/2025 and after his conviction, prosecuting the criminal appeal No. 2027/2025 and he was

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convicted for the offence under Section 118 (1) of Bhartiya Nyay Sanhita, 2023 and sentenced R.I. for 2 years with fine of Rs. 500/- with default stipulation. This Court has ordered for release him on bail on furnishing personal bond for a sum of Rs. 25,000/- with one surety of the like some to the satisfaction of the learned trial Court vide order dated 07.10.2025. The applicant has filed the application for modification in the order on the ground that he is not capable to give one surety as he is a poor person and by modifying the order dated 07.10.2025, the condition of furnishing surety may be removed and he may be directed to release on his personal bond only.

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4. Learned counsel for the applicant would submit that the applicant is in jail since 10.10.2024 and due to his poverty, he could not arrange the surety and despite order of releasing him on bail, he remained in jail for want of surety, therefore, the conditions of surety may be deleted and he may be directed to be release on his personal bond.

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5. On the other hand, learned counsel for the State opposes and has submitted that the imposing condition of surety is for securing the presence of the accused in the proceeding of the case, however, there are increasing instances where the accused persons after releasing on personal bond are not appearing in the proceeding and number of cases are held up for their presence. Therefore, the applicant is not entitled for any relief.

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6. I have heard learned counsel for the parties and perused the material annexed with the petition.

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7. The applicant has been convicted for the offence under Section 118 (1) of B.N.S.2023 for and sentenced him with fine of Rs. 500/- with default

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stipulation and he is in jail since 10.10.2024. he was directed to be released on bail on furnishing his personal bond for a sum of Rs. 25,000/- with one surety to the satisfaction of the learned trial Court. This Court noticed the instances where the accused persons after releasing on personal bond, not appearing the proceeding and despite issuance of bailable / non-bailable warrants, they are not turning up for their appearance and the proceeding of the cases are held up, therefore, this Court does not find any sufficient ground to modify the conditions of one surety in the order dated 07.10.2025 for releasing the applicant on bail.

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8. Accordingly, the present Cr.M.P. is dismissed.

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Sd/(Ravindra Kumar Agrawal) Judge

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sagrika

Ramesh Agariya v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ramesh Agariya v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

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