Order on Board

20.12.2024

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. 174/2024 registered at Police Station – Thana Parpa, (Frezpur) District Bastar (C.G.) offence under Sections 305, 331(4) of the Bhartiya Nyay Sanhita, 2023.

2. According to the prosecution's story, as per the case diary, the applicant and co-accused allegedly entered the Maruti showroom on Geedam Road at night with the intention of committing house trespass and theft. They planned to target not only the Maruti Car Showroom but also the Mahindra and Toyota showrooms in Jagdalpur. The applicant is accused of being involved in the theft of Rs. 4,76,706/-. The Police Station Parpa (Frezpur), District Bastar, has registered a case against the applicant under Sections 305 and

334(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He submits that the present applicant has 01 criminal antecedent under the IPC of the year 2024 which is still pending. He submits that the applicant is in jail since 24.09.2024, and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant.

4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge - sheet has been filed in the present case. She submits that from the possession of the present applicant Rs. 20,000/- was recovered to which he failed to give satisfactory explanation, therefore, he is not entitled for grant of regular bail.

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 that the Rs. 20,000/- was recovered from the possession of the present applicant and he has 01 criminal antecedent under the IPC of the year 2024 which is still pending. Also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and he is in jail since 24.09.2024 and conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case.

7. Let the Applicant – Rohit Rathore, involved in Crime No. 174/2024 registered at Police Station – Thana Parpa, (Frezpur) District Bastar (C.G.) offence under Sections 305, 331(4) of the 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 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 him 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 BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence