The absence of direct evidence and recovery justifies granting bail, especially when trial proceedings are likely to be prolonged.

Order on Board

28/04/2025

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 applicants who have been arrested in connection with Crime No. 477/2024 registered at Police Station Lawan, District Balodabazar-Bhatapara (C.G.) under Sections 331(3), 305 , 3(5) and 112(2) of BNS.

2. Case of the prosecution, in brief, is that on 16.11.2024 an unknown FIR has been lodged by the complainant against unknown persons u/s 331(3) and 305 BNS subsequently present applicant has been arrested under charge u/s 331(3), 305, 3(5) & 112(2) of BNS. It has been further alleged by prosecution that the present applicant has unlawfully broke the lock of an unoccupied house of the complainant, along with other co-accused, thereafter entering the premises and allegedly stealing gold and silver jewelry valued about Rs. 95,000/-from a cupboard. It is further alleged that the stolen jewelry was subsequently sold and thus the present applicant has been prosecuted in the present case.

3. It has been argued by learned counsel for the applicants that the applicants have been falsely implicated in this case and they have been arrested only on the basis of suspicion without any cogent or direct evidence. She also submits that there is no recovery from the applicants in the instant case to show the involvement of the present applicants in the crime in question. She further submits that there is no stolen property or incriminating material has been recovered from the applicants. The applicants are in jail since 18.01.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.

4. On the other hand, learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and applicants have one criminal antecedents in Crime No. 478 of 2024 registered at Police Station – Lawan District – Balodabazar-Bhatapara (C.G.) under sections 331(3), 305, 3(5) & 112(2) of BNS which is pending therefore, the present applicants are 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 that there is no recovery made from the applicants in the instant case to show applicant involvement in the crime in question and charge-sheet has been filed and the trial is likely to take some time for its conclusion, they are in jail since 18.01.2025 this Court is of the view that the applicants are entitled to be released on bail in this case

7. Let the Applicants – S. Kumar Verma, Subham Verma, Neeraj Dhruw, Cahandrashekhar @ Shekhar Verma, involved in Crime No. 477/2024 registered at Police Station Lawan, District Balodabazar-Bhatapara (C.G.) under Sections 331(3), 305, 3(5) and 112(2) of BNS. be released on bail on their furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:-

((i) The applicants 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 applicants 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 him under Section 269 of Bharatiya Nyaya Sanhita.

(iii) In case, the applicants 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,