Sujit Kumar Armo vs State of Chhattisgarh

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 189/2023 registered at Police Station Pali, District Korba (C.G.), for the offence punishable under Sections 458, 307 and 395 of the Indian Penal Code.

Case of the prosecution, in brief, is that on 11.06.2023, the present applicants along with other accused persons break through the house of complainant and started disputing on the fact that the son of complainant has ablazed their motorcycle due to which the accused person had given a blow on head of the victim with a wooden stick and thereafter all of them have looted their motorcycle and mobile phone and escaped the place of incident.

None appears nor is any representation made on behalf of the applicants to press this application when the case is called out.

It transpires from the record that the applicants are in jail since 15.06.2023. Hence, the Court proceeds to consider and hear the bail application of the applicants with the assistance of the State counsel.

On the other hand, Mr. Chandresh Shrivastava, learned Additional Advocate General, appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed and applicants have no criminal antecedent. He further submits that 07 accused persons including the present applicants have involved in the present case and they all are said to have assaulted the 03 injured with hard and blunt objects and two injured persons, namely, Raghunath and Shanti Bai have received simple injuries, whereas the third injured, namely, Ishwar is concerned, he received injury in his head, but no fracture was found.

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

Taking into consideration the facts and circumstances of the case that the applicants have no criminal antecedent and the applicants have caused injuries to the 03 injured by hard and blunt objects. It further transpires that two injured persons, namely, Raghunath and Shanti Bai have received simple injuries, whereas the third injured, namely, Ishwar is concerned, he received injury in his head, but no fracture was found and further that the applicants are in jail since 15.06.2023 and conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case.

Let the Applicants-Sujit Kumar Armo and Raju Shyam involved in Crime No. 189/2023 registered at Police Station Pali, District Korba (C.G.), for the offence punishable under Sections 458, 307 and 395 of the Indian Penal Code, be released on bail on them furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:-

(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.

(iii) In case, the applicants misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.

(iv) The applicants 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 313 Cr.P.C. If in the opinion of the trial court absence of the applicants are 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 them in accordance with law.

However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment.

Office is directed to send a certified copy of this order to the District Judge concerned for necessary information and communication to the applicants forthwith.