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Judgment
The applicant has preferred this first bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested on 26-6-2026 in connection with Crime No.119/2024 registered at Police Station Mujgahan, District Raipur (C.G.), for offence punishable under Sections 353, 186, 332, 427, 147, 294, 506 of the Indian Penal Code and Section 3 of the Prevention of Damage of the Public Property Act.
Case of the prosecution, in brief is that complainant Ashish Dixit (A.S.I) lodged a report on 12-04-2024, he along with Ravel Singh Adil (A.S.I.), Girish Saxena (Head Constable No.1057), Ramesh Korram (Constable No.2107) Nandlal Agrahari (Constable No.2516) and Ramakant Badgaiyan (Constable No.1518) were went for patrolling to village Haja, where they received secret information from the informer that the present applicant was selling liquor. Thereafter, police took the applicant at police station, where the applicant called the villagers namely Sonu Pal, Raja, Kamal Narang, Sony Kosale, Indrakumar Gaikwad, Mithun, Rahul Gilhare, Vijay Gilhare, Monu Tarak and Raj Gond and then they started creating nuisance at police station. The applicant along with other co-accused persons also started raising slogans against the police and vandalized government properties. Based on above facts, the present crime was registered against the applicant and other co-accused person.
Learned counsel for the applicant submits that the applicant is innocent, he has been falsely implicated in the present case and he is in jail since 26-6-2026. Seizure memo prepared by the prosecution is false. He further submits that the applicant was not present on the spot and has neither been damaged nor using filthy language with the concerned authorities. The other co-accused persons in this case has been absconded. No criminal antecedent has been registered against him. He is the permanent resident of the given address, therefore, there is no chance of his absconding. Trial may take some long time for adjudication of the case, hence, the applicant may be released on bail.
On the other hand learned counsel for the State opposing the submission made by counsel for the applicant. He further submits that looking to the offence registered against the applicant, he may not be enlarged on bail.
I have heard learned counsel for the parties and also perused the case diary.
Considering the facts situation of the case, nature and gravity of offence, material available on record and further considering the fact that the applicant is in jail since 26-6-2026 whereby four months and eights have already elapsed and the trial is likely to take some more time for conclusion, this Court is of the opinion that it is a fit case to release the applicant on bail.
Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a bond in the sum of Rs. 25,000/-with one surety for the like sum to the satisfaction of the concerned Court for his appearance before that Court as and when so directed.
