The court granted bail due to lack of evidence linking the applicant to the crime and absence of prior criminal record, emphasizing the need for fair trial rights.

Order on Board

1. The applicant has preferred the First Bail Applications under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime Nos. 224/2024 and 206/2024, registered at Police Station – Manendragarh, District – Manendragarh-Chirmiri-Bharatpur (MCB) (C.G.) for the offence punishable under Sections 379, 411 and 34 of the Indian Penal Code (for short, IPC).

2. The case of the prosecution, is that on 29.06.2024 and 23.06.2024, the complainants reported before the Police Station concerned that they have parked their motorcycles, and when they came back, he did not see his motorcycle which got stolen by an unknown person from where he had parked, on the basis of the aforesaid complaint, FIR was registered and the applicant was arrested by the Police on the basis of his own memorandum statement. Hence, this application.

3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and beside these two cases there is no criminal antecedents registered against the present applicant. Further the fact that no any recovery of motorcycle in question has been found from the physical possession of the applicant and the same has been recovered from the open place. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 30.06.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail.

4. On the other hand, the learned State counsel opposes the bail applications and submits that beside these two cases there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that on 29.06.2024 and 23.06.2024, the complainants reported before the Police Station concerned that they have parked their motorcycles, and when they came back, he did not see his motorcycle which got stolen by an unknown person from where he had parked, on the basis of the aforesaid complaint, FIR was registered and the applicant was arrested by the Police on the basis of his own memorandum statement, therefore, he is not entitled for grant of bail.

5. I have heard learned counsel for the parties and perused all of the documents available on record.

6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that beside these two cases there is no criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, further the fact that no any recovery of motorcycle in question has been found from the physical possession of the applicant and the same has been recovered from the open place, the applicant is in jail since 30.06.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application.

7. Let applicant, Vikas Kumar Kol, involved in Crime Nos. 224/2024 and 206/2024, registered at Police Station – Manendragarh, District – Manendragarh-Chirmiri-Bharatpur (MCB) (C.G.) for the offence punishable under Sections 379, 411 and 34 of the IPC, 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 him under Section 269 of Bharatiya Nyaya Sanhita.

(iii) In case, the