Ishwar Ram Dhruw Vs State of Chhattisgarh

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 of 2024, registered at Police Station- Kurud District Dhamtari, Chhattisgarh for the

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offence punishable under Section 103(1), 296(b), 115(2), 351(2) and 191(2) of BNS, 2023.

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Brief facts of this case are that, complainant Omkar Sahu on 23.12.2024 has lodged a written complaint at police stationKurud, alleging that the applicant along with other co-accused person had killed the deceased Kartik Ram Patel who is the friend of the complainant. The Kartik Ram and his friends namely Omkar Sahu and Montu Sahu had looted 2sacks of rice from the house of one Bhikham Sahu and they were caught by the villagers of Village Sirsida, but except deceased Kartik Patel, two others friends ran away and the villager had beaten the deceased and later on he died on 23.12.2024 at about 12:30 PM at District Hospital.

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Learned counsel for the applicant contended that, the applicant is innocent and he has been falsely implicated in the alleged crime, she has not committed any offence as alleged against him. He further contended that FIR was not registered against the present applicant and no incriminating articles have been seized or recovered from the possession of the applicant. The present applicant is in jail since 26.12.2024. 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.

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

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

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Taking into consideration the facts and circumstances of the case and further considering the nature of offence, particularly to the fact that no where the name of the present applicant is mentioned in the FIR of the said crime however, the other injured out of the five injured has taken the name of the present applicant. Police has investigated the matter and recovered one CCTV footage of the incident. After about 17 days of the incident one Mr. Khelam Ram Devdas statement was recorded under Section 164 of the CrPC and he stated that the present applicant has also been involved in the incident. Charge sheet has already been filed before the concerned court, and there is no possibility of tampering of evidences or influence the witnesses. Moreover there is no previous antecedents of the applicant. Moreover the other co-accused has been given bail, therefore on the basis of parity, this court is of the considered opinion that the present case is a fit case to allow the first bail application of the present applicant.

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Let the applicant- Ishwar Ram Dhruw involved in Crime No.527/2024, registered at Police Station- Kurud District Dhamtari (C.G.) for the aforementioned offence, be released on bail on her furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions :

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(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.

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(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.

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(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.

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(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.

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Office is directed to send a certified copy of this order to the trial

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Court for necessary information and compliance forthwith.

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Sd/-

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(Arvind Kumar Verma) Judge

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Madhurima

Ishwar Ram Dhruw v. State of Chhattisgarh

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Ishwar Ram Dhruw v. State of Chhattisgarh

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