Chattisgarh High Court
Onkar @ Aman Mahar vs State Of Chhattisgarh on 9 December, 2024
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2024:CGHC:48356
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 8432 of 2024
1 - Onkar @ Aman Mahar S/o Lakhan Lal Mahar Aged About 20 Years R/o Rishali
Basti Bhilai, Police Station Newai Bhilai Tahsil And District- Durg ( C.G.).
... Applicant
Versus
1 - State Of Chhattisgarh Through- Station House Officer, Police Station- Newai
District- Durg ( C.G.).
... Non-Applicant
For Applicant : Mr. Anil Tawadkar, Advocate
For Non-Applicant : Mr. Topilal Bareth, Panel Lawyer
SB: Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD
09/12/2024
1.This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 298/2023 registered at Police Station - Newai, District - Durg, Chhattisgarh for the offences punishable under Sections 147, 148, 149, 323, 302 and 34 of the Indian Penal Code, 1860.
2. Case of prosecution is that, on 24.11.2023 applicant along with other co-
accused persons have assaulted Raman Yadav @ Pappu by means of hands, fists, club and knife. He was taken to hospital where he succumbed to injury. Morgue was reported on the basis of the Digitally SHAYNA signed KADRI by SHAYNA KADRI 2/3 evidence of eyewitnesses. After morgue inquiry, aforementioned crime was registered and applicant was arrested on 05.01.2024.
3. Learned counsel for the applicant submit that applicant is innocent, he has been falsely implicated in the instant crime, he has not committed any offence as alleged. He submits that the applicant has not caused any grievous injury by means of any weapon. Seizure from the applicant is shown to be one bamboo stick and there is no evidence that the applicant has caused injury by means of bamboo stick over the head of the deceased. Applicant is in jail since 05.01.2024 and till date, recording of evidence is not started. There are as many as 31 witnesses. He also submits that there is no other criminal antecedent against the applicant. He further contended that the four other co-accused persons namely Karan Manjhi, Sooraj Patel, Deewana Dewar and Ravikant Kosare have been enlarged on bail in M.Cr.C. Nos. 3703, 6178, 7374 & 7876 of 2024 vide orders dated 04.07.2024, 18.09.2024, 25.10.2024 and 25.11.2024 respectively and one of the co-accused Leeladhar Bambode has been enlarged on bail by the Sessions Court. Trial may take sometime, hence, he may be enlarged on bail.
4. On the other hand, learned State counsel vehemently opposes the submission made by learned counsel for the applicant and would submit that there are 03 eye-witnesses to the incident, who saw the applicant along with the other co-accused persons assaulting the deceased. He submits that the deceased suffered knife injury and also the fracture on skull. However, upon asking as to the seizure from the applicant, he submits that one bamboo stick was seized from the possession of the applicant and there is no other criminal antecedent against the applicant.
5. I have heard learned counsel for the respective parties.
6. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties and 3/3 the period of pre-trial detention, trial may take sometime, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail.
7. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that:
(a) 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.
(b) 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.
(c) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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.
(d) 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 and compliance forthwith. Certified copy as per rules.
Sd/-
(Parth Prateem Sahu) Judge Dey