The court established that a delay in trial and the number of witnesses can justify granting bail, emphasizing the need for conditions to ensure the appellant's presence.

ORDER :

1. Leave granted.

2. This appeal challenges the judgment and order dated 25.09.2024 passed by the High Court of Chhattisgarh at Bilaspur in MCRC No.6629 of 2024.

3. The appellant herein has been booked for the crime registered pursuant to FIR No. 447 of 2024 dated 16.05.2024 lodged with Police Station Civil Line, Bilaspur with respect to offences punishable under Sections 294, 323, 506 and 34 of the Indian Penal Code, 1860.

4. The first bail application seeking regular bail was preferred by the appellant herein before the High Court of Chattisgarh at Bilaspur in MCRC No. 5499 of 2024 and the same was dismissed vide order dated 02.08.2024. Thereafter, the second bail application (MCRC NO. 6629 of 2024) was filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”). Vide impugned order dated 25.09.2024, the High Court of Chattisgarh at Bilaspur rejected the said application. Hence, the instant appeal.

5. This Court vide its order dated 08.11.2024, issued notice in the instant matter.

6. Heard learned counsel for the appellant in support of the appeal and learned counsel for the respondent-State and perused the material on record.

7. Learned counsel for the appellant submitted that insofar as the invocation of Section 307 IPC against the appellant is concerned, the learned Sessions Judge has remanded the matter to the learned Chief Judicial Magistrate, Bilaspur, Chattisgarh as it is not clear as to whether he could be implicated for the said offence. Further, it is also submitted that the appellant has been in jail since 09.07.2024. That charges were framed on 14.08.2024 for the offences under Sections 294, 323, 326 and 506 read with Section 34 IPC and in the circumstances, the appellant may be released on bail having regard to the fact that there are as many as twenty four witnesses to be examined and there would be a delay in the conclusion of the trial.

8. Per contra, learned counsel for the respondent-State with reference to his counter affidavit submitted that there is no merit in this appeal and therefore the same may be dismissed.

9. Considering the facts on record, in our view, the case for bail is made out.

10. We, therefore, allow this appeal and direct as under:

“The appellant shall be produced before the concerned trial Court as early as possible and the trial Court shall release him on bail, subject to such conditions as it may deem appropriate to impose to ensure his presence in the proceedings arising out of FIR No.447 of 2024 dated 16.05.2024 mentioned above.”

11. It is directed that the appellant shall extend complete cooperation in the trial of the instant case. The appellant shall not misuse his liberty in any manner.

12. Any infraction of the conditions shall entail cancellation of bail granted to the appellant.

13. With these observations, the appeal is allowed.

14. Pending application(s), if any, shall stand disposed of.