Karan Das Mahant Vs the State of Chhattisgarh

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2025:CGHC:10681

NAFR

PRIYANKA VERMA

Digitally signed by PRIYANKA VERMA Date: 2025.03.05 15:18:29 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 981 of 2025

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Karan Das Mahant S/o Shri Kumar Das Mahant Aged About 26 Years (Presently Aged About 30 Years) R/o Village Baansajhar, Police Station - Chhal, District - Korba (C.G.).

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... Applicant

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versus

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The State Of Chhattisgarh Through Station House Officer, Police Station - Dharamjaygarh, District Raigarh (C.G.)

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... Respondent

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For Applicant	: Mr. Rajendra Patel along with Mr. Anuj Kumar
	Pandey, Advocate
For State	: Mr. S.K. Puria, PL

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Hon'ble Shri Justice Deepak Kumar Tiwari

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Order On Board

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05/03/2025

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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. 42/2021 registered at Police Station Dharamjaygarh, District Raigarh

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(C.G.) for the offence punishable under Sections 394, 395, 397, 398, 307 & 120B of the Indian Penal Code and Sections 25 & 27 of the Arms Act.

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2. Prosecution case in brief is that complainant Gregory Tigga lodged a written report at Police Station Dharamjaygarh stating that when Vinod Lakra, cashier of Chhattisgarh Rajya Gramin Bank, was riding his motorcycle, some persons started firing at him and looted his bag. During the course of investigation, the applicant and other co-accused were arrested and their memorandum statement was recorded. Thereafter, the offence has been registered.

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3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He submits that material witness Vinod Kumar Lakra (PW-3) has been examined, but he has not supported the case of the prosecution. He further submits that the other similar situated co-accused persons namely, Lajrus Ekka and Kalyan Thithiyo have already been enlarged on bail vide order dated 12.09.2024 and 02.01.2025 passed in MCRC No.5758/2024 and MCRC No.8924/2024 respectively by this Court. He would further submit the there are 4 previous criminal antecedents against the applicant, out of which, in 3 cases he has already been acquitted and one case i.e. Crime No.278/2019 at the evidence stage. Lastly, he submits that the applicant is in jail since 13.03.2021 and conclusion of trial is likely to take considerable time, therefore, considering all these aspects, the applicant may be enlarged on bail.

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4. Per contra, learned counsel for the State opposes the aforesaid submissions. However, he would fairly submit that the case of the

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present applicant is similar to that of the other co-accused, who have been released on bail.

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5. Having considered the submissions of learned counsel for the parties and particularly considering the fact that the other co-accused, namely, Lajrus Ekka and Kalyan Thithiyo have already been enlarged on bail by this Court and the case of the present applicant is similar to that of the other co-accused and keeping in view the period of pretrial detention of the applicant, without commenting anything on merits, this Court is of the opinion that the present applicant is also entitled to be released on bail.

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6. Accordingly, the Application is allowed and the applicant is directed to be released on bail on the following conditions:-

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