Ramesh Sinha, J
1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 60/2024, registered at Police Chowki Bundeli, Through The Police Station – Tendukona, District – Mahasamund (C.G.) for the offence punishable under Sections 376 and 506 of the Indian Penal Code (IPC).
2. The prosecution story, in brief, is that on 03.06.2024, the applicant came to the concerned Police Station and submitted a written application that my mother-in-law Kesharbai died on 02.05.2024 in Orissa, whose Thirteenth Day Ceremony as on 13.05.2024 at the victim’s house in Saraipali Village Bundeli, in which all the acquaintances and relatives were present, and the victim’s brother-in-law’s daughter-in-law Devprakash Dhidhi father Chhotu Ram Dhidhi also came alone to attend the program and the victim’s husband had gone to Mahasamund for some work, after the program some relatives went to their respective homes, some relatives stayed at the victim’s house at night, and the applicant also stayed at the victim’s house at night and after eating food all the relatives went to sleep in different rooms, the victims was sleeping with her daughter whose age is about four years, on the mattress spread on the floor in the hall, when on the date on 14.05.2024 between 12:00-01:00 AM, the applicant who is victim’s son-in-law came to the victim and placed the knife in his hand on the victim’s daughter’s neck and said that have sex with me or alse I will kill your daughter, and said that if you tell anyone about this then I will you and your daughter. On the basis of the report, the crime has been registered against the applicant by the Police. Hence, this application.
3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that there was some dispute between the applicant and the husband of the victim, the victim is a major lady aged about 29 years old who is the mother-in-law of the applicant, between whom there used to be normal conversations through mobile phone and Whatsapp, which the victim’s husband did not like at all, and in respect to the same the applicant has also given application to the concerned Police Station on 03.06.2024, for which there appears to be no explanation given by the victim/complainant, which shows the applicant is falsely implicated in the present case. It has been further submitted that no any external injuries have been found and the MLC report appears to be negative. It is also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 11.06.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.
4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. It is further submitted that from the perusal of the statement of the victim recorded under Section 164 of the CrPC, it transpires that the applicant has committed offence by putting knife on the neck of the minor daughter of the victim who is aged about 4 years, and forcefully made the victim to get sexual intercourse with him. Therefore, the applicant is not entitled for grant of regular bail.
5. I have heard learned counsel for the parties and perused the materials available on record.
6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant and period of detention in jail, and from the perusal of the statement of the victim recorded under Section 164 of the CrPC, it transpires that the there was some dispute between the applicant and the husband of the victim, the victim is a major lady aged about 29 years old who is the mother-in-law of the applicant, between whom there used to be normal conversations through mobile phone and Whatsapp, which the victim’s husband did not like at all, and in respect to the same the applicant has also given application to the concerned Police Station on 03.06.2024, for which there appears to be no explanation given by the victim/complainant, further the fact that no any external injuries have been found and the MLC report appears to be negative, also the fact that the charge-sheet has been filed in the present case, the applicant is in jail since 11.06.2024 and the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant is entitled to be released on bail in this case.
7. Let applicant - Dev Prakash Dhidhi involved in Crime No. 60/2024, registered at Police Chowki Bundeli, Through The Police Station – Tendukona, District – Mahasamund (C.G.) for the offence punishable under Sections 376 and 506 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. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of passing of this order, if there is no legal impediment.
9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.
