Ashish Manhar vs State Of Chhattisgarh

Ramesh Sinha, J

The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 260/2024, registered at Police Station : Katghora, District– Korba (C.G.) for the offence punishable under Sections 457 and 380 of the Indian Penal Code.

The prosecution’s case is that on 12.05.2024, at around 9:00 PM, the complainant, namely, Rakesh Rathore, who owns a general store and resides on the first floor of Keshari Beej Bhandar on Bilaspur Road, Kathghora, closed his store and returned to his rented house on his motorcycle (Registration No. CG 12 AS 3291). He parked the motorcycle near the stairs inside the house, locked the channel gate, and went to sleep. On the next morning, 13.05.2024, at around 6:00 AM, he discovered that his motorcycle was missing and the channel gate was open. Based on the complainant’s report, a case was registered against unknown persons, and an investigation was initiated.

It is argued by the learned counsel for the applicant that the applicant is falsely implicated in this case. She submits that the present applicant has 03 criminal antecedents, in which all cases are pending. She further submits that the applicant is a young man, and his continued custody is likely to have an adverse and detrimental impact on his psychological and mental health. She also submits that the present applicant has been implicated in multiple cases solely on the basis of the memorandum statement. She further submits that the present applicant has been in jail since 20.05.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant

On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been submitted before the competent Court in the present case. She further submits that the present applicant has 03 criminal antecedents of the same nature, which shows that the present applicant is habitual offender, therefore, he is not entitled for grant of bail.

I have heard learned counsel for the parties and perused the case-diary.

Taking into consideration the facts and circumstances of the case that the present applicant has 03 criminal antecedents, in which all cases are pending and further the fact that the charge-sheet has been submitted before the competent Court and the he has been in jail since 20.05.2024, the conclusion of the trial may take some more time, and the applicant is a young man, and his continued custody is likely to have an adverse and detrimental impact on his psychological and mental health, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case.

Let applicant, Ashish Manhar, involved in Crime No. 260/2024, registered at Police Station : Katghora, District – Korba (C.G.) for the offence punishable under Sections 457 and 380 of the Indian Penal Code, be released on bail on furnishing 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.

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