Om Prakash Patel vs State Of Chhattisgarh

Ramesh Sinha, J

This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant who has been arrested in connection with Crime No. 198/2024 registered at Police Station – Koni, District Bilaspur (C.G.) offence under Sections 394/34 of the Indian Penal Code (IPC).

Case of the prosecution, in brief, is that on 06.06.2024 the present applicant along with co-accused persons allegedly intercepted a truck and assaulted the truck driver and looted ₹1450/- from him. Thereafter, the crime has registered against the applicant and other co-accused persons.

Learned counsel for the applicant submits that the present applicant is innocent and he has been falsely implicated in the instant case. She further submits the applicant has not committed any offence and the applicant is a student and his carrier will be spoiled on account of detention. She further submits that though there is an allegation of loot but nothing has been recovered from the possession and even there is no evidence of loot and the applicant is in jail since 08.06..2024 and further the complainant caused simply injury and conclusion of the trial is likely to take quite long time. Therefore, she prays for grant of regular bail to the applicant.

On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submit that the present applicant along with co-accused person, intercepted a truck and assaulted the truck driver on account of which he sustained simple injury and also looted Rs. 1450/- from him. As such, the present applicant is not entitled for grant of bail.

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

Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 08.06.2024 and the fact that the present applicant along with co-accused person, intercepted a truck and looted Rs. 1450/- from him and assaulted the truck driver however, he sustained simple injury and further no interrogation is required and the trial is likely to take some time for its conclusion, therefore, without further commenting anything on merits, I am inclined to grant bail to the applicant.

Let the Applicant – Om Prakash Patel, involved in Crime No. 198/2024 registered at Police Station – Koni, District Bilaspur (C.G.) offence under Sections 394/34 of the Indian Penal Code (IPC), be released on bail on his 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.