Order on Board

20/12/2024

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. 422/2024 registered at Police Station Champa, District- Janjgir-Champa (C.G.) for the offence punishable under Section 309(6) of Bharatiya Nyaya Sanhita (for short ‘BNS’).

2. Case of the prosecution, in brief, is that on 05.10.2024, when the complainant was returning home from Prakash Industries Limited, Champa, around 10:00 pm, the applicant/accused stopped his bicycle near Kota Dubari Chopa Sabzi Mandi and assaulted him, taking away his Vivo mobile phone, purse, Pan card, Aadhaar card, and ATM card, thereafter, the offence has been registered against the applicant.

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 only because of previous enmity. He further submits that there is no recovery of looted articles have been made from the applicant, further the complainant has himself entered into compromise and filed his afÏdavit before the learned trial Court during the hearing on bail. The applicant is in jail since 06.10.2024, the applicant has two criminal antecedents of the year 2024 under the IPC, 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 the charge-sheet has been filed in the present case. He further submits that the applicant has assaulted the complainant, when he was returning from Prakash Industries Limited, Champa, due to which, the complainant received some injuries on his person and also took away his mobile phone, purse, Pan card, Aadhaar card, and ATM card, further there is recovery of looted articles i.e. mobile, Pan card, Aadhaar card and ATM card. She further submits that the applicant is having four criminal antecedents, out of which two are of the year 2024 under the IPC and rest of the two cases are under the preventive measures, 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 06.10.2024, the fact that though the applicant has assaulted the complainant, when he was returning from Prakash Industries Limited, Champa, due to which, the applicant received some injuries on his person and also took away his mobile phone, purse, pan card, Aadhaar card, and ATM card and there is also recovery of looted articles i.e. mobile, Pan card, Aadhaar card and ATM card from the applicant, but the injuries sustained by the injured/complainant is simple in nature and the applicant has only two criminal antecedents against him, which are of the year 2024 under the IPC and 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-Raja Babu Satnami, involved in Crime No.

422/2024 registered at Police Station Champa, District- Janjgir- Champa (C.G.) for the offence punishable under Section 309(6) of BNS, 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 rema