Tapas Mistry vs State Of Chhattisgarh

Ramesh Sinha, J

The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 7/2024, registered at Police Station - Kuwankonda, District – South Bastar, Dantewada (C.G.) for the offence punishable under Sections 294, 323, 506, 307 of the Indian Penal Code (IPC).

The prosecution story, in brief, is that the complainant Ashish Poddar lodged a FIR stating that on 29.03.2024 at 08:30 A.M. his brother Aanand Poddar (injured) and present applicant had disputed regarding the place for chicken shop in the weekly market Palnar. On this dispute the applicant allegedly hurled abused and assaulted Aanand Poddar 3-4 times on his head with a hammer. The injured was initially treated at District Hospital Dantewada and Medical College Hospital Jagdalpur and thereafter he was treated at DKS Hospital Raipur. During this treatment, the injured was admitted on 29.03.2024 and he got well and discharge on 06.04.2024. Thus he remained admitted for about 8 days. The MLC was conducted by Medical Officer of District Hospital Dantewada. As per the MLC, 4 lacerated wounds were reported in the head. Subsequently, a query report was also given reporting that as per opinion death could occur, if timely treatment was not given to the injured.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that there was a certain fight between the applicant and complainant and it is stated that the applicant has assaulted the injured with hard object and when he was initially taken to the CT Scan Center, District Hospital, Dantewada, no fracture was detected as per the Radiologist report. But subsequently, he was taken to another center where depressed fracture was found on 11.04.2024. He further submits that the charge-sheet has been filed in this case. The applicant is in jail since 16.04.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.

On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case.

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

Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant, the fact that initially no fracture was detected as per the Radiologist report, but, subsequently, when he was taken to another center, depressed fracture was found, charge-sheet has been filed in the present case, the applicant is in jail since 16.04.2024 and the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant is entitled to be released on bail in this case.

Let the applicant - Tapas Mistry involved in Crime No. 7/2024, registered at Police Station - Kuwankonda, District – South Bastar, Dantewada (C.G.) for the offence punishable under Sections 294, 323, 506, 307 of the Indian Penal Code (IPC), 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.

However, this Court hopes and trust that the trial Court shall make an earnest endeavour to conclude the trial in accordance with law as expeditiously as possible, within a period of six months from today, if there is no legal impediment

Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.