Bail should be granted if the accused lacks prior criminal records and co-accused have received bail under similar charges.

ORDER ON BOARD

18/06/2025

1. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 357/2020 registered at Police Station – Surajpur, District – Surajpur, Chhattisgarh for the offences punishable under Section 395 of the Indian Penal Code, 1860.

2. Case of prosecution in brief is that, in the intervening night of 01.09.2020 to 02.09.2020 at about 01:20 A.M., the applicant along with other persons, after entering into the SECL underground mines, have snatched mobile phones of Surendra Pathak (CDS Operator) and Shri Jogendra Kumar deputed in sub-station. They have also created an atmosphere of SHUBHAM DEY threat after breaking wall of the store room and have committed robbery Digitally signed by SHUBHAM DEY of 15 meters PVC armered cable. F.I.R. to this effect was lodged by the Manager at the concerned police station.

3. Learned counsel for the applicant submits that the applicant is innocent, he has been falsely implicated in the crime. He has not committed any offence as alleged. He submits that the incident is of the year 2020. the applicant has been made accused in the crime only on the basis of the memorandum statement of the co-accused person. There is no other criminal antecedent against the applicant. The other co-accused persons have been enlarged on bail i.e. Rajkumar Agraiya in M.Cr.C. No. 3302/2025, Raja Yadav in M.Cr.C. No. 2360/2022 and Pramod Mandal in M.Cr.C. No. 1720/2021, Basant in M.Cr.C. No. 1659/2021 & Dilip Singh Rajput in M.Cr.C. No. 2259/2021. Case of the applicant is also on similar footing, hence, he may be enlarged on bail.

4. On the other hand, learned State counsel opposes the submission made by the counsel for the applicant and would submit that there are specific allegations against the application for commission of the aforesaid offence. However, he do not dispute the submission of counsel for the applicant with regard to grant of bail to the other co-accused persons as mentioned above. Upon asking, learned counsel for the Respondent/State submits that there is no other criminal antecedent against the applicant.

5. I have heard learned counsel for the respective parties and perused the documents filed along with the bail application.

6. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of counsel for the respective parties, other co- accused persons have been enlarged on bail as mentioned above, as by the counsel for the State that there is no criminal antecedent against the applicant, trial may take sometime, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail.

7. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that:

(a) 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.

(b) 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.

(c) In case, the applicant misuses the liberty of bail during trial andin order to secure her presence, proclamation under Section 84 ofBNSS. is issued and the applicant fails to appear before the court on the