Lalit Gaure Vs State of Chhattisgarh

This is the SECOND BAIL APPLICATION filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.483/2024 registered at Police StationGudhiyari, District -Raipur (C.G.), for the offences punishable under Sections 140(2), 127(2), 109, 311, 111, 190, 191(2)/3(5) of the BNS.

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Case of prosecution, in brief, is that the applicant alongwith other co-accused persons locked the complainant in house of one

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2

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Prince Bagade and assaulted him by means of base ball stick/bat and, thereafter, forcefully took him in the vehicle and reached to Mandi Hasaoud and, thereafter, again assaulted him by means of hands, fists and knife and under the impression that he has died, left him there. Due to assault, complainant suffered grievous injuries and he was taken to the hospital for treatment. Based on report lodged by complainant, FIR was registered and applicant has been arrested in the aforementioned crime.

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Learned counsel for the applicant submits that the present applicant is innocent person and he has been falsely implicated in this case. Complainant-victim (Shankar Sigh) has been examined before the trial Court as PW-1 and in his evidence he stated that present applicant has not assaulted him nor he has taken any video at the time of alleged incident. There is no any material/evidence available to connect present applicant in the alleged crime. Co-accused persons (Anil Sinha, Raju Nirmalkar and Ankush Rahangdale) have already been granted bail by this Court vide Annexure A/4 (Collectively). The trial would take a much considerable time to conclude, hence, present applicant be enlarged on bail.

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On the other hand, learned State counsel opposes the bail application of the present applicant.

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I have heard learned counsel for the parties and perused the case diary with utmost circumspection.

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During course of argument, certified copy of deposition of

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complainant-victim placed before this Court by counsel for the applicant; same is taken on record.

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Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, particularly evidence of complainant/Shankar Sigh (PW-1) and the fact that co-accused persons (Anil Sinha, Raju Nirmalkar and Ankush Rahangdale) have already been granted bail by this Court, further considering that there is no any other criminal antecedent against the applicant and there is substantial change in circumstances, detention period of applicant, conclusion of trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application.

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Accordingly, second bail application is allowed. It is directed that applicant shall be released on regular bail, on his furnishing a bail bond in sum of Rs.10,000/- with one surety in like sum to satisfaction of concerned Court on the conditions that-

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a) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. b) Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and

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c) Applicant shall appear before trial Court on each and every date given to him by the said Court till disposal of the trial.

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Certified copy as per rules.

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Sd/(Arvind Kumar Verma) Judge

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J/-

Lalit Gaure v. State of Chhattisgarh

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Lalit Gaure v. State of Chhattisgarh

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