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2024:CGHC:42459
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 7499 of 2024
Abhishek Verma S/o Lt. Manaram Verma Aged About 19 Years R/o
Shitla Para, Gaura Chowk Near Ramnagar, P.S. Gudhiyari, Raipur
(C.G.)
... Applicant
versus
State Of Chhattisgarh Through Police Station Gudhiyari, Raipur (C.G.)
... Non-Applicant
For Applicant : Mr. Pragalbha Sharma, Advocate.
For Non-Applicant : Ms. Smriti Shrivastava, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
25/10/2024
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 applicant who has been arrested in
connection with Crime No. 472/2024 registered at Police Station
Gudhiyari, District - Raipur (C.G.) for the offence punishable under
Sections 115, 118(1), 119, 126, 190 and 191(2), 191(3), 296,
324(4) and 351 of Bharatiya Nyaya Sanhita (for short ‘BNS’).
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2. Case of the prosecution, in brief, is that the complainant Khelan
Sahu filed a report stating therein that on 08.07.2024 at night he
alongwith Bhuneshwar Sahu was going to hospital. At around 09:30
pm at Kabir Chowk near Shiv Mandir, Bittu Sen and his brother
Vinay Sen came alongwith 4-5 other persons and asked for money
for liquor, on refusing they assaulted physically with knife and
hockey stick and thereafter, broke the motorcycle and ray away,
hence the FIR.
3. Learned counsel for the applicant submits that the applicant has not
committed any offence and he has been falsely implicated in offence
in question. He further submits that two of the similarly situated co-
accused persons, namely, Mansingh Rhakur and Pappu Patel have
already been granted bail by this Court vide order dated 17.10.2024
in MCRC No.6680 and MCRC No.6893, respectively, further the
applicant has been made an accused only on the basis of
memorandum statement of the co-accused. The applicant is in jail
since 26.07.2024, the applicant has no criminal antecedent, the
charge-sheet has been filed in the present case and the trial is likely
to take some time for its conclusion. Therefore, he prays for grant of
bail to the applicant.
4. On the other hand, learned State Counsel appearing for the
respondent/State opposes the bail application and submits that the
charge-sheet has been filed in the present case. She further
submits that the applicant alongwith other co-accused persons
have assaulted the complainant by knife and hockey stick, due to
which he sustained injuries, therefore, the applicant is not entitled
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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,
nature and gravity of offence, period of detention of the applicant
since 05.09.2023, the fact that though the allegation against the
applicant is that he alongwith other co-accused persons have
assaulted the complainant, due to which the complainant sustained
injuries, but the present applicant is only said to have been present
at the spot alongwith other co-accused persons, no any weapon of
assault has been seized from the present applicant and also
considering the fact that two of the co-accused persons, namely,
Mansingh Rhakur and Pappu Patel have already been granted bail
by this Court vide order dated 17.10.2024 in MCRC No.6680 and
MCRC No.6893, respectively and the case of the present applicant
is similar to that of the co-accused, further the applicant has no
criminal antecedent and charge-sheet has been filed in the present
case, this Court is of the view that the applicant is entitled to be
released on bail in this case.
7. Let the Applicant-Abhishek Verma, involved in Crime No.
472/2024 registered at Police Station Gudhiyari, District - Raipur
(C.G.) for the offence punishable under Sections 115, 118(1), 119,
126, 190 and 191(2), 191(3), 296, 324(4) and 351 of BNS, 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:-
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(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 sufÏcient 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 issued and
the applicant fails to appear before the court on the date
fixed in such proclamation, then, the trial court shall
initiate proceedings against him, in accordance with law,
under Section 209 of the Bharatiya Nyaya Sanhita.
(iv) The applicant shall remain present, in person, before
the trial court on the dates fixed for (i) opening of the
case, (ii) framing of charge and (iii) recording of
statement under Section 351 of BNSS. If in the opinion
of the trial court absence of the applicant is deliberate or
without sufÏcient cause, then it shall be open for the trial
court to treat such default as abuse of liberty of bail and
proceed against him in accordance with law.
8. OfÏce is directed to send a copy of this order to the trial Court for
necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
Akhil