The court granted bail under specific conditions, emphasizing the applicant's compliance and the nature of criminal charges.

Order on Board

09.06.2025

1. The applicant has preferred this First Bail Application 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. 93/2024, 94/2024 and 95/2024, registered at Police Station – Podi, District – Manendragarh-Chirmiri-Bharatpur (C.G.) for the offence punishable under Sections 457, 380 and 34 of the Indian Penal Code (IPC).

2. The case of the prosecution, is that an oral report was lodged on

18.06.2024 that the complainants Lalman Yadav, Prabhavati Kurre and Rajaram Pal had tied their buffaloes in shed on 17.06.2024, and on the next day they saw that their buffaloes were stolen, on this oral report, the crime was registered against the unknown persons and on the basis of the secret information, 3 persons including the applicant have been made accused in the present case. 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 there are 6 criminal antecedents registered against the present applicant including the present cases, and so far as the rest cases are concerned, the deponent of the case is not able to explain them. It is further submitted that the charge-sheet has been filed in this case and the co-accused is granted bail by this Court vide orders dated 21.08.2024, 21.08.2024 nad 21.08.2024 passed in MCRC Nos. 5431/2024, 5452/2024 and 5432/2024. The applicant is in jail since 28.02.2025 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 application and submits that there are 6 criminal antecedents registered against the present applicant including the present cases, and the charge-sheet has been filed in this case. It is further submitted that an oral report was lodged on 18.06.2024 that the complainants Lalman Yadav, Prabhavati Kurre and Rajaram Pal had tied their buffaloes in shed on 17.06.2024, and on the next day they saw that their buffaloes were stolen, on this oral report, the crime was registered against the unknown persons and on the basis of the secret information, 3 persons including the applicant have been made accused in the present case, 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 there are 6 criminal antecedents registered against the present applicant including the present cases, and so far as the rest cases are concerned, the deponent of the case is not able to explain them, charge- sheet has been filed against the applicant and the co-accused is granted bail by this Court vide orders dated 21.08.2024, 21.08.2024 nad 21.08.2024 passed in MCRC Nos. 5431/2024, 5452/2024 and 5432/2024, the applicant is in jail since 28.02.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application.

7. Let applicant, Vivek Mishra, involved in Crime Nos. 93/2024, 94/2024 and 95/2024, registered at Police Station – Podi, District – Manendragarh-Chirmiri-Bharatpur (C.G.) for the offence punishable under Sections 457, 380 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 fo