Order on Board

20/12/2024

1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 933/2024 registered at Police Station- Kota, District – Bilaspur (C.G.), for the offence punishable under Section 303(2) and 111 of the Bharatiya Nyay Sanhita, 2023.

2. Case of the prosecution, in brief, is that on 5.11.2024, at about 9:00 AM, at Gram Pahad Bachali, the complainant had gone to graze the goats. Suddenly, the goats started running away. The complainant went to the farmers and informed about the same. The farmers reached Village Jaldapara searching the goats and thereby, found them in a Bolero Pickup Vehicle bearing registration No.M.P. 52 G.A. 0749. Three persons seated in the said vehicle ran away. At the instance of the applicant, the police recovered 26 goats in the said pickup vehicle.

Hence, the aforesaid offence has been registered.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. She further submits that the applicant is in jail since 05.11.2024 and conclusion of trial may take some more time. Therefore, learned counsel for the applicant prays for grant of bail to the applicant.

4. Learned counsel for the State/non-applicant opposes the bail application. He further submits that the charge-sheet has not been filed.

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, considering the nature and gravity of allegation levelled against the applicant and that he is in jail since 05.11.2024 and further considering that the conclusion of trial may take some more time, this Court is of the view that the present is a fit case to enlarge the applicant on bail.

7. Let the applicant- Narendra Singh, involved in Crime No. 933/2024 registered at Police Station- Kota, District – Bilaspur (C.G.), for the offence punishable under Section 303(2) and 111 of the Bharatiya Nyay Sanhita, 2023, 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 sufficient cause, the trial court may proceed against his under Section 269 of BNS.

(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 BNS.

(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 of the applicant is deliberate or without sufficient cause, then it shall be open for the trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith.