MCRC/8297/2024 of RAJA DEWANGAN Vs STATE OF CHHATTISGARH on 20 December 2024

1. This is the first bail application filed under Section 483 of BharatiyaNagrik Suraksha Sanhita, 2023 for grant of regular bail to theapplicant who has been arrested in connection withCrime No. 334/2024 registered at Police Station- D.D. Nagar,Raipur, District - Raipur (C.G.), for the offence punishable underNagrik Suraksha Sanhita, 2023 for grant of regular bail to theapplicant who has been arrested in connection withCrime No. 334/2024 registered at Police Station- D.D. Nagar,Raipur, District - Raipur (C.G.), for the offence punishable under Sections 296, 351, 115(2), 191(2), 333, 324 of Bharatiya NyayaSanhita, 2023 (in short ‘B.N.S.’).

2. Case of the prosecution, in brief, is that the complainant has madewritten complaint before the concerned Police Station that on thedate of incident 19.08.2024 at about 10.00 pm the accused personshave entered in the house of the injured persons and they havecommitted marpeet with the injured person and on the basis of suchcomplaint, the Police has registered the crime against the presentapplicant and other accused persons.written complaint before the concerned Police Station that on thedate of incident 19.08.2024 at about 10.00 pm the accused personshave entered in the house of the injured persons and they havecommitted marpeet with the injured person and on the basis of suchcomplaint, the Police has registered the crime against the presentapplicant and other accused persons.

3. Learned counsel for the applicant submits that the applicant hasbeen falsely implicated in this case. He further submits that theco-accused person, namely, Arjun Uike has already been grantedbail by this Court vide order dated 12.11.2024 passed in MCRC No.7817/2024. He further submits that the charge-sheet has been filedand he is in jail since 29.08.2024. Therefore, he prays for grant ofregular bail to the applicant.been falsely implicated in this case. He further submits that theco-accused person, namely, Arjun Uike has already been grantedbail by this Court vide order dated 12.11.2024 passed in MCRC No.7817/2024. He further submits that the charge-sheet has been filedand he is in jail since 29.08.2024. Therefore, he prays for grant ofregular bail to the applicant.

4. Learned counsel for the State/non-applicant opposes the bailapplication and submits that the charge-sheet has been filed. Shefurther submits that the applicant has seven previous criminalantecedents. Hence, he is not entitled to be released on bail.application and submits that the charge-sheet has been filed. Shefurther submits that the applicant has seven previous criminalantecedents. Hence, he is not entitled to be released on bail.

5. I have heard learned counsel appearing for the parties and materialavailable on record.available on record.

6. Taking into consideration the facts and circumstances of the case,nature and gravity of allegation levelled against the applicant andthe fact that the co-accused person, namely, Arjun Uike has alreadynature and gravity of allegation levelled against the applicant andthe fact that the co-accused person, namely, Arjun Uike has already

been granted bail by this Court vide order dated 12.11.2024 passedin MCRC No. 7817/2024, further the charge-sheet has been filedand and the applicant is in jail since 29.08.2024, further, theconclusion of the trial may take some more time, this Court is of theview that the applicant is entitled to be released on bail in this case.

7. Accordingly, the bail application is allowed. Let the applicant –Raja Dewangan, involved in Crime No. 334/2024 registered atPolice Station- D.D. Nagar, Raipur, District - Raipur (C.G.), for theoffence punishable under Sections 296, 351, 115(2), 191(2), 333,324 of Bharatiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’), bereleased on bail on their furnishing a personal bond with twosureties in the like sum to the satisfaction of the Court concernedwith the following conditions:-

(i) The applicant shall file an undertaking to the effectthat he shall not seek any adjournment on the datesfixed for evidence when the witnesses are present incourt. In case of default of this condition, it shall beopen for the trial court to treat it as abuse of liberty ofbail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trialcourt on each date fixed, either personally or throughhis counsel. In case of his absence, without sufficientcause, the trial court may proceed against him underSection 269 of BNS.

(iii) In case, the applicant misuses the liberty of bailduring trial and in order to secure his presence,proclamation under Section 84 of BNSS is issuedand the applicant fails to appear before the Court onthe date fixed in such proclamation, then, the trialCourt shall initiate proceedings against them, inaccordance with law, under Section 209 of BNS.

(iv) The applicant shall remain present, in person,before the trial Court on the dates fixed for (i) openingof the case, (ii) framing of charge and (iii) recordingof statement under Section 351 of BNSS. If in theopinion of the trial Court absence of the applicantare deliberate or without sufficient cause, then it shallbe open for the trial Court to treat such default asabuse of liberty of bail and proceed against him inaccordance with law.

8. Office is directed to send a certified copy of this order to the trialCourt for necessary information and compliance forthwith.

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Sd/-

(Ramesh Sinha)

Chief Justice

Preeti