Order on Board

10.12.2024

1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 1025/2024 registered at Police Station – Sarkanda, District Bilaspur (C.G.), for the offences punishable under Sections 296, 115(2), 351(2), 3(5) of the Bhartiya Nyaya Sanhita, and Section 25 and 27 of the Arms Act.

2. According to the prosecution's case, on September 8, 2024, at approximately 23:30 hours, the complainant, Durgesh Das Manikpuri, along with his cousin brother, Preet Das Manikpuri, had gone near the Ashok Nagar Water Tank to enjoy the Ganesh Chaturthi festivities. At that time, the main accused, Babu Irani, along with other co-accused persons, allegedly assaulted Preet Das Manikpuri with a brick, wooden stick, and sharp weapon, causing injuries to various parts of his body. Upon receiving the complaint, the police registered the case and initiated an investigation. During the investigation, the police found the main accused, Babu Irani, and based on his memorandum statement, arrested the present applicant and filed the charge sheet in the competent court of law.

3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He submits that nothing has been seized from the possession of the present applicant, therefore, the offence under the Arms Act is not made out against the applicant. He also submits that the name of the applicant is not there in the FIR, he has been made an accused only on the basis of memorandum of the main accused, Babu Irani, which is not an admissible piece of evidence. He further submits that the present applicant has 06 criminal antecedents for which he has already been given explanation in the present bail application. He also submits that the applicant is in jail since 24.10.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant.

4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the applicant, along with other co-accused, allegedly assaulted Preet Das Manikpuri, causing injuries to various parts of his body using a brick, wooden stick, and sharp weapon. She further submits that the present applicant has six criminal antecedents, consisting of four cases under the Indian Penal Code (IPC), one case under the Excise Act, and one case under the Arms Act, which shows that the present applicant is a habitual offender, therefore, he is not entitled to regular bail in the present case.

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

6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and further the fact that the applicant, along with other co-accused, allegedly assaulted Preet Das Manikpuri, causing injuries to various parts of his body using a brick, wooden stick, and sharp weapon. Moreover, the fact the present applicant has six criminal antecedents, consisting of four cases under the Indian Penal Code (IPC), one case under the Excise Act, and one case under the Arms Act, which shows that the present applicant is a habitual offender. Therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail.

7. Accordingly, the first bail application of the applicant – Sagar Shrivas, involved in Crime No. 1025/2024 registered at Police Station – Sarkanda, District Bilaspur (C.G.), for the offences punishable under Sections 296, 115(2), 351(2), 3(5) of the Bhartiya Nyaya Sanhita, and Section 25 and 27 of the Arms Act, is rejected.

8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously.

9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.

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