Ramesh Sinha, J
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. 316/2023 registered at Police Station Basna, District-Mahasamund (C.G.) for the offence punishable under Section 457, 380, 34 of the IPC.
2. Case of the prosecution, in brief, is that the complainant has lodged a report to the concerned police station that on the date of incident, the unknown person entered in shop of the complainant by breaking lock and committed theft of mobile from his shop and on the basis of complaint made by the complainant, the police has registered the case under Section 457, 380, 34 of the IPC against the unknown person and during investigation, the police has arrested the present applicant on the memorandum of the statement.
3. The learned counsel for the applicant submits that the applicant has been falsely implicated in the present case he has not committed any offence as alleged against him. He further submits that only on the basis of memorandum statement of the accused persons, the applicant has involved as accused in connection of crime based upon the false and baseless allegation. Looking to the material available on record, prima facie case is not made out against the applicant and the applicant is in jail since 08.04.2024 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 applicant entered the complainant's shop and stolen mobile phones and accessories worth Rs. 68,000/- As such, the applicant is not entitled 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 08.04.2024 and the fact that in the present case, charge-sheet has been filed before the competent Court and no further interrogation is required and the trial is likely to take some time for its conclusion, therefore, without further commenting anything on merits, I am inclined to grant bail to the applicant.
7. Let the Applicant-Chaudamani Sidar, involved in Crime No. 316/2023 registered at Police Station Basna, District Mahasamund (C.G.) for the offence punishable under Section 457, 380, 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 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 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 sufficient 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. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information.
