Baldev Aayaam @ Boya @ Baldau Vs State of Chhattisgarh

The applicant has been preferred this first bail application under Section 483 of the BNSS, 2023 for grant of regular bail as he is arrested in connection with Crime No.05/2024, registered at Police Station- Rajpur, District Balrampur Ramanujganj (C.G.) for the offence punishable under Sections 302, 34 of IPC.

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Brief facts of this case are that on 02.01.2024, co-accused namely Kashinath Shandilya under the belief that the deceased Ramavatar does witch craft on his family members and in furtherance, he has assaulted the deceased with a Shovel (Dhurmas) due to that who succumbed to the injury during the treatment.

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Learned counsel for the applicant contended that the applicant has not committed any offence he was falsely implicated by alleging as main accused in the present case. He further contended that the present applicant was having absolutely no intention to cause death of deceased. The allegation of assault is on the co-accused person and the applicant is made accused based on the memorandum of the co-accused. The applicant is in jail since 03.01.2024 and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail.

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Per contra, learned counsel appearing on behalf of the State opposes the bail application submitted by the applicants.

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

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Taking into consideration the facts and circumstances of the case and particular considering the involvement of the present applicant in this case, further that chart-sheet has been filed in

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the present case, the prosecution has not shown that the applicant trying to tamper the witnesses and the applicant is in jail since 03.01.2024 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case.

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Let the applicant involved in Crime No.05/2024, registered at Police Station- Rajpur, District Balrampur Ramanujganj (C.G.) for the offence punishable under Sections 302, 34 of IPC, 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 :

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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 Court for necessary information and compliance forthwith.

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Sd/-

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(Arvind Kumar Verma) Judge

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Vasant

Baldev Aayaam @ Boya @ Baldau v. State of Chhattisgarh

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Baldev Aayaam @ Boya @ Baldau v. State of Chhattisgarh

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