In a first bail application under section 483 BNSS for offences under sections 394, 34 read with 120-B IPC, the Chhattisgarh High Court rejected the plea due to the applicant's eight-year absconding conduct and the outdated nature of the crime.
Application for regular bail under section 483 BNSS rejected; bail not granted.
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2024:CGHC:30845
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 5369 of 2024
Lakhan Lal Sahu S/o Shri Balakram Sahu Aged About 32 Years R/o Village Baktindeepa Sonumuda, Raigarh, Tahsil And District- Raigarh, Chhattisgarh. ---- Petitioner
versus
The State of Chhattisgarh through the Station House Officer, Police Station Tamnar, District- Raigarh, Chhattisgarh. ---- Respondents
For Petitioner : Mr. Rajendra Patel, Advocate For Respondent : Mr. Rahul Tamaskar, Government Advocate.
| A ANNAJEE |
Digitally signed by A |
({GOUTAM BHADURI, JUDGE}) |
|---|---|---|
| RAO | ANNAJEE | |
| RAO | Order on Board |
Order on Board
14-08-2024
(1) This is first bail application filed under section 483 of BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No.256 of 2016 registered at Police Station Tamnar, Distt. Raigarh (C.G) for the offence punishable under sections 394, 34 read with section 120-B of IPC.
(2) At the outset learned State Counsel submits that on 06.03.2024 the applicant was arrested and he was absconding for more than 8 years in connection with the above crime.
(3) As per the prosecution case, the complainant Rakesh Agnihotri lodged a report that on 03.11.2016 while he was going from Tamnar to Raigarh on his motorcycle, on the way near Jhingol forest three persons who came on motorcycle pushed the motor bike of victim whereby the victim fell down and thereafter
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the accused cut the strap of the bag with knife and took away his bag. Subsequently, other accused Sumeet, Khem Sagar and Mayank were arrested on 04.11.2016 and on their memorandum, Rs.57,000/- was recovered and Lakhan Sahu the present applicant was also named by the other accused as an accomplice. Since the applicant was found absconding, subsequently the charge sheet was filed showing him as absconding. Now the present bail petition has been filed by the present applicant.
(4) Learned counsel for the applicant would submit that the applicant has merely been named by co-accused, no direct involvement was shown against him and there is no evidence on record to connect the present applicant in the crime. He submits that the applicant is in jail since 06.03.2024 and prays for grant of bail.
(5) Per contra, learned State Counsel opposes the argument and submits that the applicant was absconding for more than 8 years and in his absence, charge sheet was filed as absconder.
(6) Having considered the conduct of the applicant that he was absconding for more than 8 years and the offence was committed way back in the year 2016 but he was lately arrested in March, 2024 and in his absence, charge sheet was filed showing him absconder, therefore, it is not a fit case where the bail can be granted. Accordingly, this bail application is rejected.
Sd/-
Rao
1 issue framed by the court
Whether regular bail should be granted to an applicant who absconded for over eight years in connection with a 2016 crime and was arrested in March 2024.
2 provisions across 2 enactments
Lakhan Lal Sahu
The State of Chhattisgarh
Goutam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
