The absence of direct evidence linking the applicant to the crime, alongside previous acquittals, justified the grant of bail despite serious charges.

Order on Board

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. 285/2024 registered at Police Station Bhilai Nagar, Sector-06, District Durg (C.G.) for the offences punishable under Sections 307 , 34 of the Indian Penal Code and Section 25 and 27 of Arms Act.

2. Case of the prosecution, in brief, is that the prosecution, in briefly, is that the complainant has lodged report to concerned police station Bhilai Nagar, Sector-06 with intend that on the date of incident when the complainant along with his friend were driving their motorcycle at near Canal Sector-10, P.S. Bhilai Nagar, under Central Avenue Road, and at that time accused persons came there by their car and thereafter, dispute arose between them and fired pistol upon injured persons, thereafter, they run away from the spot. Thereafter, incident was reported to the concerned police station based upon which aforesaid crime was registered against the present applicant for the offence under Section 307 , 34 of the Indian Penal Code and section 25, 27 of Arms Act.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the applicant has been implicated alongwith brother-in-law, namely, Amit Josh, who is main co-accused of the present, the only allegation against the applicant is that, brother-in-law Amit Josh came to the house of applicant to take food, further the fire arm, which was used in the crime is said to have been kept at applicant’s house, but no recovery of fire arm has been made from the applicant. He also submits that the applicant is having 09 criminal antecedents, out of which, in 07 cases the applicant has already been acquitted, a copy of those filed through covering memo and only 2 cases are pending against the applicant.

The applicant is in jail since 29.06.2024, the charge-sheet has been filed in the present case and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant.

4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that though one of the co-accused persons, namely, Shankar Bhat has already been granted bail by this Court vide order dated 04.10.2024 in MCRC No.5380 of 2024, but the applicant has given shelter to the main accused and is having 09 criminal antecedents against him, therefore, the applicant is not entitled for grant of bail.

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 29.06.2024, the fact that though the allegation against the applicant is that he provided refuge to the main accused Amit Josh and has kept fire arm, which was used in the crime in his house, but there is no recovery of fire arm has been made from the possession of present applicant, also considering the fact that the applicant is having 09 criminal antecedents against him, out of which in 07 cases he has already been acquitted, a copy of those are filed through covering memo, and besides those, only 2 case are pending against him, the case of present applicant is distinguishable to that of the co-accused Amit Josh (main accused) and similar to the case of co-accused, namely, Shankar Bhat, who has granted bail by this Court vide order dated 04.10.2024 in MCRC No.5380 of 2024, further the charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case.

7. Let the Applicant-B. Lucky George, involved in Crime No. 285/2024 registered at Police Station Bhilai Nagar, Sector-06, District Durg (C.G.) for the of