Mohd. Mustakim 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. 449/2024, registered at Police Station – City Kotwali, District – Bilaspur (C.G.) for the offence punishable under Sections 109(1), 296, 351(3) and 3(5) of the Bharatiya Nyaya Sanhita (BNS) and Section 25 of the Arms Act.

The case of the prosecution, is that on 13.10.2024, while the complainant was watching the Durga Jhankis, while he was sitting near the Rukmani Complex on account of smoking of cigarette the dispute arose and Mohd. Mustakim, Sagar Yadav and Vijay Yadav started abusing him and some unknown persons assaulted with knife, due to which, he sustained the stab injuries near left flank, due to which, we was admitted for two days in the hospital and later on he discharged from the hospital on 16.10.2024. Hence, this application.

It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 14.10.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail.

On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that as per the query made by this Court vide order dated 27.11.2024, regarding the injury sustained by the injured whether it was dangerous to his life of not, and as per the affidavit filed by the Superintendent of Police, District – Bilaspur, it has been opined by the doctor, though the injured has sustained stab injuries near left flank, but the same was not dangerous to life.

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 there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, further the fact that as per the affidavit filed by the Superintendent of Police, District– Bilaspur, it has been opined by the doctor, though the injured has sustained stab injuries near left flank, but the same was not dangerous to life, the applicant is in jail since 14.10.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application.

Let applicant, Mohd. Mustakim, involved in Crime No. 449/2024, registered at Police Station – City Kotwali, District – Bilaspur (C.G.) for the offence punishable under Sections 109(1), 296, 351(3) and 3(5) of the BNS and Section 25 of the Arms Act, be released on bail on his furnishing a 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.