Bail may be granted when custody is prolonged without substantial evidence against the applicant.

Order on Board

27.01.2025

1. The applicant has preferred this First Bail Application under Section

483 of the Bhartiya Nagarik Suraksha Sanhita , 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 46/2024, registered at Police Station : Lodam, District- Jashpur, (C.G.) for the offence punishable under Sections 309(5), 310, 311 of Bhartiya Nyay Sanhita , 2023.

2. The case of the prosecution, in brief, is that the written complaint dated 22-09-2024 was filed by the complainant, Edward Minj, alleging that on the previous night, 21-09-2024, at around 8:00 PM, while he was closing his shop, a few unknown persons entered his RAHUL DEWANGAN shop under the guise of customers. They slapped him, brandished Digitally signed by RAHUL DEWANGAN Date: 2025.01.28 11:03:17 +0530 an object resembling a pistol, demanded money, and took approximately Rs. 20,000/- from the drawer. Based on this, Crime No. 46/2024 was registered by the Lodma Police against unknown persons. During the course of the investigation, the name of the present applicant was revealed based on the memorandum statement of Anand Rautiya, and the applicant was subsequently arrested on 30-09-2024. After the investigation was completed, a charge sheet was filed, and charges were framed against the applicant under Sections 309(5), 310, and 311 of the BNS Act.

3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that the applicant has been implicated solely on the memorandum statement of co-accused Anand Rautiya, which is not reliable evidence. Based on this, the police arrested the applicant and claimed to have seized Rs. 1,230/- and a mobile phone, alleging them to be proceeds of the offence, without any direct or indirect evidence linking the applicant to the crime. He further submits that the FIR is against unknown persons, and no identification parade was conducted, making the applicant’s implication unlawful. He further submits that the present applicant has no previous criminal antecedents and he is in jail since 30.09.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail in the present case.

4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. He further submits that while the complainant was closing his shop, the present applicant and co-accused persons entered his shop under the guise of customers and they slapped him, brandished an object resembling a pistol, demanded money, and took approximately Rs. 20,000/- from the drawer, therefore, the present applicant is not entitled to be granted regular bail in this case.

5. I have heard learned counsel 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 though the applicant has been implicated solely on the memorandum statement of co-accused Anand Rautiya, and have seized Rs. 1,230/- and a mobile phone from the possession of the present applicant but, the charge sheet has been submitted before the competent Court and he has no previous criminal antecedents and the applicant is in jail since 30.09.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this first bail application.

7. Let applicant, Shivnandan Rautiya, involved in Crime No.

46/2024, registered at Police Station : Lodam, District- Jashpur, (C.G.) for the offence punishable under Sections 309(5), 310, 311 of Bhartiya Nyay Sanhita , 2023, be released on bail on furnishing personal bond with two local 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 o