Santram @ Samir Mandle vs State Of Chhattisgarh

Arvind Kumar Verma, J

The applicant has preferred this first bail application under Section 483 of the BNSS, 2023 for grant of bail as he has been arrested in connection with Crime No. 527/2024, registered at Police Station- City Kotwali, district - Baloda Bazar, Bhatapara, Chhattisgarh for the offence punishable under Section 191(2), 333, 296, 115(2) and 103(2) of BNS, 2023.

Brief facts of this case as per the prosecution story are that, on 12.08.2024 a written report was lodged by one Dharam stating that he was then residing at Rajendra Nagar, Raipur and is a permanent resident of Village Khamariya Police Station City Kotwali, District Baloda Bazar Bhatapara, Chhattisgarh. Due to certain land dispute, the Patwari had informed about his arrival for the demarcation at his village. At around 9:30 AM, the appellant along with other co-accused persons came to the village and started assaulting by abusing the informant and his family member with iron rod, stick and pointed rod.

Learned counsel for the applicant contended that, the applicant is innocent and he has been falsely implicated in the alleged crime, he has not committed any offence as alleged against him. He further contended that deceased who was 80 years old, died after 35 hours of the incident and was under medical observation in which no abnormality was recorded. He contended that the applicant has no criminal antecedents and is in jail since 21st of September, 2024. Moreover the other co-accused persons have been granted bail by this Court. The applicant is ready to furnish adequate surety and shall abide all the directions and conditions which may be imposed by this Court while granting bail.

Per contra, learned counsel for the State opposes the bail application submitted by the applicant.

I have heard learned counsel for the parties, perused the case and other materials available on record.

Taking into consideration the facts and circumstances of the case and further considering the nature of offence, particularly to the fact that the applicants are in jail since 21st September, 2024 and the deceased who was 80 years old at the time of incident died after 35 hours of the incident and in the medical observation also there was no abnormality found and the cause of death was reported to be cardio respiratory failure. Therefore, this court is in favor of granting bail to the applicant.

Let the applicant involved in Crime No. 527/2024, registered at Police Station- City Kotwali, district - Baloda Bazar, Bhatapara, Chhattisgarh for the offence punishable under Section 191(2), 333, 296, 115(2) and 103(2) of BNS, 2023, be released on bail on his furnishing a personal bond of Rs. 10,000/- with one surety 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 BNS, 2023.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of the BNSS, 2023 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 BNS, 2023.

(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, 2023. 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 for necessary information and compliance forthwith. sd/-