Order on Board

29.04.2024

1. This is the First bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 89 of 2024 registered at Police Station : Akaltara, District – Janjgir-Champa (C.G.) for the offence punishable under Sections 420, 120 B and 328 of the Indian Penal Code.

2. As per the prosecution case, allegation against the accused, along with the co-accused, called the applicant's mother-in-law in the name of removing the obstacles by performing puja at home and demanded Rs 10 Lakh for performing the puja. On dated 02.02.2024 at 11-12 noon around 07:00, the co-accused came into the house and went away after seeing the CCTV footage of the applicants's house, his video was recorded, the co-accused came to workship on 04.02.2024, after which the applicant came home from outside at 03 o'clock and then at 7:30 o'clock. Meanwhile, the accused and co- accused Lala(Pujari) podhidalha came to kosabadi and brought with him Rs 10 lakh to perfrom the Puja, after which the applicant also took along his brother and brother-in-law Laxmendra Singh and Surja Pandey and Anurag Madhuar of Kotmisonaar, then the accused and the co-accused where present and before the puja, the applicant's friends were asked to say 3-4 kilometers away and were asked to wait till the puja was over and the co-accused Puja asked lala to keep the money at the Puja place, in which the applicant took out the money from the bag, kept in at the place of worship and prepared Panchamrit, after drinking, the applicant became unconscious and was beaten up the accused and co-accused. When the applicant unconsciousness, he was in his house, his Rs. 10 Lakh cash, IPhone 14 Pro and Samsung Note 9 mobile phone of this brother-in-law Laxmendra Singh were not there. The applicant had suffered head injuries due to assault due to which blood was flowing out. On the basis of the above the crime as mentioned above has been registered against the present applicant and also arrested. Hence this application.

3. It has been argued by learned counsel for the applicant that the applicant has not committed any offence as alleged against him. He further submits that there is no document which shows that the applicant has taken money and there is also delay in lodging the F.I.R. Hence, he prays for grant of bail, therefore, he prays that the applicant be enlarged on bail.

4. On the other hand, learned State counsel opposes the bail application. Therefore, the present bail application of the applicant is liable to be rejected.

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

6. Considering the facts and circumstance of the case, nature and gravity of offence and also considering the fact that the applicant has no previous criminal antecedent, though the charge-sheet has been filed, he is in jail since 10.02.2024 and trial is likely to take sometime for its conclusion, I am of the opinion that the applicant is entitled to be released on bail.

7. Let applicant, Vinod Kumar Suryawanshi, involved in Crime No. 89 of 2024 registered at Police Station : Akaltara, District – Janjgir- Champa (C.G.) for the offence punishable under Sections 420, 120 B and 328 of the Indian Penal Code, 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 their counsel. In case of his absence, without sufficient cause, the trial court may procee