Order on Board

25.09.2024

1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 172/2024 registered at Police Station Dongargaon, District Rajnandgaon (C.G.), for the offence punishable under Sections

296, 115, 351(2), 333 of the BNS.

2. Case of the prosecution, in brief, is that on 13/07/2024, at about 7-8 p.m., the Complainant was in his house when one Amar Bai Sahara informed the complainant that his son Bheshram quarreled with the Applicant/Accused. Due to an old rivalry the son of the complainant and the Applicant fought on the shop of the father of the Applicant. The Applicant allegedly entered into the house of one Deval Singh and beaten the son of the complainant with a stick. From the bare perusal of record, the injury in this instance seems to be simple in nature. On the basis of the complaint, crime was registered against the applicant by Dongargaon and the Applicant was arrested.

3. Learned counsel for the applicants would submit that the applicant has been falsely implicated in this case and he is in jail since 15.07.2024. He further submits that the applicant has only one previous criminal antecedents of the year 2021 registered under Section 294, 323 and 506 of the IPC, which has been disposed of and he has no role in the present crime. He also submits that from the bare perusal of impugned order it can be seen that injuries as stated in the complaint is simple in nature. Further, the son of the complainant has insinuated the fight and no material has been brought on record by prosecution to substantiate the offences alleged against the applicant. Lastly, no recovery has been made from the applicant, he is in jail since 15.07.2024 and though the charge-sheet has been filed, the conclusion of the trial is likely to take some time hence, he prays for enlarging the applicant on regular bail.

4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicant and also the submission advanced by learned counsel for the applicant.

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 allegation levelled against the applicant and the fact that the applicant has only one previous criminal antecedents of the year 2021 registered under Section 294, 323 and 506 of the IPC, which has been disposed of and further, he is languishing in jail since 15.07.2024, no recovery has been made by the applicant, charge-sheet has already been filed and conclusion of the trial is likely to take some time, I am inclined to allow this application.

7. Let applicant, Khoman Rawte, involved in Crime No. 172/2024 registered at Police Station Dongargaon, District Rajnandgaon (C.G.), for the offence punishable under Sections 296, 115, 351(2), 333 of the B.N.S., be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of Bharatiya Nyaya Sanhita is issued and the applicant fails to appear before the court on the date fixed in such proclamatio