MCRC/8704/2023 of AYAN ANSARI Vs STATE OF CHHATTISGARH on 21 December 2023

1. This is the first bail application filed under Section 439 of the Code ofCriminal Procedure, 1973 for grant of regular bail to the applicant whohas been arrested in connection with Crime No. 289/2023 registered atPolice Station City Kotwali, District Raipur (C.G.), for the offencepunishable under Section 394 of the Indian Penal Code.Criminal Procedure, 1973 for grant of regular bail to the applicant whohas been arrested in connection with Crime No. 289/2023 registered atPolice Station City Kotwali, District Raipur (C.G.), for the offencepunishable under Section 394 of the Indian Penal Code.

2. This Court by order dated 19-12-2023 while hearing the matter hasdirected the Chief Secretary, Government of Chhattisgarh and theDirector General of Police, Chhattisgarh to file their personal affidavits.In compliance of the said order, the Chief Secretary, Government ofChhattisgarh and the Director General of Police, Chhattisgarh havefiled their affidavits, which are taken on record. As per their affidavits,directed the Chief Secretary, Government of Chhattisgarh and theDirector General of Police, Chhattisgarh to file their personal affidavits.In compliance of the said order, the Chief Secretary, Government ofChhattisgarh and the Director General of Police, Chhattisgarh havefiled their affidavits, which are taken on record. As per their affidavits, the circulars have been issued on 19-12-2023 and 20-12-2023 andCopies of which have also been annexed in their affidavits. It is statedthat as soon as the advance copy of the bail application is received inthe office of the Advocate General, the case diary and criminalantecedent would be produced before the Court on first hearing.

3. Considering the affidavits filed by Shri Amitabh Jain, Chief Secretary,Government of Chhattisgarh and Shri Ashok Juneja, Director Generalof Police, Chhattisgarh and the instructions issued by the office of theAdvocate General of the State of Chhattisgarh, this Court hopes andtrusts that the order which has been passed by this Court on19-12-2023 shall be complied by the authorities including the office ofthe Advocate General in its letter and spirit.Government of Chhattisgarh and Shri Ashok Juneja, Director Generalof Police, Chhattisgarh and the instructions issued by the office of theAdvocate General of the State of Chhattisgarh, this Court hopes andtrusts that the order which has been passed by this Court on19-12-2023 shall be complied by the authorities including the office ofthe Advocate General in its letter and spirit.

4. Case of the prosecution, in brief, is that on 30-06-2023 at about 11:00a.m. the complainant namely Lalit Raut lodged the report against theaccused persons and alleged that accused persons committed loot ofhis mobile phone and cash of Rs.27,000/- from him. Based on abovefacts and after due investigation, the present crime was registeredagainst the applicant.a.m. the complainant namely Lalit Raut lodged the report against theaccused persons and alleged that accused persons committed loot ofhis mobile phone and cash of Rs.27,000/- from him. Based on abovefacts and after due investigation, the present crime was registeredagainst the applicant.

5. Learned counsel for the applicant submits that the applicant has beenfalsely implicated in this case. He further argued that the applicant hasno connection with the offence charged against him. A deliberate andfalse case has been registered against the applicant as part of adeliberate conspiracy. He further submits that the only Rs.6,000/- cashhas been seized from the present applicant. It is further submitted bythe learned counsel for the applicant that the applicant has no criminalantecedent, charge sheet has already been filed and the applicant is infalsely implicated in this case. He further argued that the applicant hasno connection with the offence charged against him. A deliberate andfalse case has been registered against the applicant as part of adeliberate conspiracy. He further submits that the only Rs.6,000/- cashhas been seized from the present applicant. It is further submitted bythe learned counsel for the applicant that the applicant has no criminalantecedent, charge sheet has already been filed and the applicant is in jail since 02.07.2023 and the conclusion of the trial is likely to takequite long time. Therefore, he prays for grant of regular bail to theapplicant.

6. On the other hand, learned counsel for the State/non-applicant wouldoppose the bail application. However, he further submits that there isno criminal antecedent registered against the applicant.oppose the bail application. However, he further submits that there isno criminal antecedent registered against the applicant.

7. I have heard learned counsel appearing for the parties and perused thecase diary.case diary.

8. Taking into consideration the facts and circumstances of the case,nature and gravity of offence, period of detention of the applicant i.e.since 02.07.2023, charge-sheet has been filed and also consideringthat the applicant has no previous criminal antecedent, this Court is ofthe view that the applicant is entitled to be released on bail in this case.nature and gravity of offence, period of detention of the applicant i.e.since 02.07.2023, charge-sheet has been filed and also consideringthat the applicant has no previous criminal antecedent, this Court is ofthe view that the applicant is entitled to be released on bail in this case.

9. Let the Applicant-Ayan Ansari involved in Crime No. 289/2023registered at Police Station City Kotwali, District Raipur (C.G.), for theoffence punishable under Section 394 of the Indian Penal Code, bereleased on bail on his furnishing personal bond with two sureties inthe like sum to the satisfaction of the Court concerned with thefollowing conditions:-registered at Police Station City Kotwali, District Raipur (C.G.), for theoffence punishable under Section 394 of the Indian Penal Code, bereleased on bail on his furnishing personal bond with two sureties inthe like sum to the satisfaction of the Court concerned with thefollowing conditions:-

(i) The applicant shall file an undertaking to the effectthat he shall not seek any adjournment on the dates fixedfor evidence when the witnesses are present in court. Incase of default of this condition, it shall be open for thetrial court to treat it as abuse of liberty of bail and passorders in accordance with law.that he shall not seek any adjournment on the dates fixedfor evidence when the witnesses are present in court. Incase of default of this condition, it shall be open for thetrial court to treat it as abuse of liberty of bail and passorders in accordance with law.

(ii) The applicant shall remain present before the trialcourt on each date fixed, either personally or through hiscourt 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 Section229-A of the Indian Penal Code.

(iii) In case, the applicant misuses the liberty of bailduring trial and in order to secure his presence,proclamation under Section 82 Cr.P.C. is issued and theapplicant fails to appear before the court on the datefixed in such proclamation, then, the trial court shallinitiate proceedings against him, in accordance with law,under Section 174-A of the Indian Penal Code.

(iv) The applicant shall remain present, in person, beforethe trial court on the dates fixed for (i) opening of thecase, (ii) framing of charge and (iii) recording ofstatement under Section 313 Cr.P.C. If in the opinion ofthe trial court absence of the applicant is deliberate orwithout sufficient cause, then it shall be open for the trialcourt to treat such default as abuse of liberty of bail andproceed against him in accordance with law.

10. However, this Court hope and trust that the trial Court shall makean earnest endeavour to conclude the trial within a period of six monthsfrom the date of receipt of a certified copy of this order, if there is nolegal impediment.an earnest endeavour to conclude the trial within a period of six monthsfrom the date of receipt of a certified copy of this order, if there is nolegal impediment.

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

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(Ramesh Sinha) Chief Justice