Lalman Badka Basod vs State Of Chhattisgarh

Ramesh Sinha, J

The applicant has preferred this First Bail Application 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 - 336/2024, registered at Police Station – Seepat, District Bilaspur (C.G.) for the offence punishable under Sections 305(A), 331(4), 317 and 3(5) of Bharatiya Nyaya Sanhita, 2023.

The case of the prosecution, is that, the complaint was lodged against the unknown person by the complainant (Damodar Prasad Gupta) of Damodar Jewlers before police station Seepat against unknown persons. The incident took place in between 16.7.2024 at night 2:30 PM. Complainant is running a jewelry shop situated at Seepat where theft of ornaments namely; Anklet-100 pieces, Laccha-5 pairs, Girdle (Kardhan)-25 pieces, Nettle(Bichiya)-500pairs, Finger ring-300 pieces, Bangles (Children)-70 pairs, Chain-50 pieces, Coins- 10 & 5 Gms- 15 pieces, Locket- 200 pieces, Bracelet- 20 Pieces, Bangles- 15 pieces, Nosepin-100 pieces, Old Jwellery-1.5 tola, Locket-5 pieces, Statue of deity, Flute and other ornaments made of gold and silver and cash of Rs. 5000/-whose total amount of Rs. 34, 50, 000/-. The jewelry was seized from one 'Manish Kumar Soni' who molded the silver ornaments into Bars of gold items into balls. He is in jail since 8.8.2024. Charge-sheet has been submitted.

It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the co-accused persons, namely, Siyaram Basod, Manish Soni, Vijay Kumar Basod and Amit Singh Thakur have already been granted bail by this Court vide order dated 20.02.2025, 27.03.2025 and 5.02.2025 passed in MCRC Nos. 1427/2025, 2473/2025, 8939/2024 and 153/2025 respectively. It is further submitted that the applicant has one previous criminal antecedent. He also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 08.08.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays grant of bail to the applicant on the ground of parity.

On the other hand, the learned State counsel opposes the bail application of the applicant but could not dispute the fact that the co-accused persons have already been granted bail by this Court and the case of the present applicant is identical to that of the co-accused persons. He further submits that the applicant has one previous criminal antecedent of similar nature. Therefore, he is not entitled for grant of bail.

I have heard learned counsel for the parties and perused all of the documents available on record.

Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that he co-accused persons, namely, Siyaram Basod, Manish Soni , Vijay Kumar Basod and Amit Singh Thakur have already been granted bail by this Court vide order dated 20.02.2025, 27.03.2025 and 05.02.2025 passed in MCRC Nos. 1427/2025, 2473/2025, 8939/2024 and 153/2025 respectively. It is further submitted that the applicant has one previous criminal antecedents, the charge-sheet has been filed against the applicant, the applicant is in jail since 08.08.2024 and conclusion of the trial is likely to take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity.

Accordingly, the bail application is allowed. Let the applicant - Lalman @ Badka Basod, involved in Crime No - 336/2024, registered at Police Station – Seepat, District Bilaspur (C.G.) for the offence punishable under Sections 305(A), 331(4), 317 and 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two local 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.