The court grants bail based on the applicant's prolonged detention, co-accused's bail, and lawful compliance expectations during trial.

Order on Board

03.07.2025

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. 75/2024 registered at Police Station : Rengakhar District- Kabirdham (C.G.) for the offence punishable under Sections 281,221,132,324(4),49,61(2),111(2)(B) & 3(8) of the BNS and Section 3 of the Prevention of Damages to Public Property Act and Section 3 /181, 5/181 of the Motor Vehicles Act .

2. TCase of the prosecution, in brief, is that, on 09.11.2024 at 5.00 PM Forest Guard Niwaspur made a written complaint to the Police that when he was in the night duty on 07.11.2024, the peons namely Paltan Ram and Pancham Singh Maravi informed him on mobile that, the driver of suspected truck no. CG 22 C 9977 broke the barrier by rashly and negligently driving the vehicle and also tried to run over the staff posted at Government barrier. On this complaint FIR no. 75/2024 under section 281, 221, 132, 324(4), of BNS and section 3 of Prevention of Damage to Public Property Act was registered and statement of witnesses and accused Rakesh Jaiswal was taken into custody and his memorandum statement was recorded. As per the memorandum statement of the accused Rakesh Jaiswal the involvement of the applicant was found, therefore the present applicant was arrested on the false allegation by the police, hence this bail application.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He would submit that neither the vehicle nor the cattle belong to the applicnt and only to harass the applicant police is trying to implicat e in false case. He would further submits that co-accused has already been gratned bail in this case in MCRC No. 4805 of 2025, and he is in jail since 07.04.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present 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 submitted before the competent Court in the present case.

5. I have heard learned counsel for the parties and perused the case diary.

6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and further the fact that the co-accused has already been granted bail by this Court in MCRC No. 4805 of 2025, and that the applicant has been in jail since 07.04.2025, with the trial likely to take some time for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case.

7. Let applicant, Firoj Khan, involved in Crime No.75/2024 registered at Police Station : Rengakhar District- Kabirdham (C.G.) for the offence punishable under Sections 281,221,132,324(4),49,61(2),111(2)(B) & 3(8) of the BNS and Section 3 of the Prevention of Damages to Public Property Act and Section 3 /181, 5/181 of the Motor Vehicles Act , be released on bail on his furnishing a personal bond with two sureties in the like amount 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 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