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Judgment
This is the first 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. 126/2023 registered at Police Station Shankargarh, District Balrampur-Ramanujganj (C.G.), for the offence punishable under Section 302 of Indian Penal Code.
According to the prosecution's case, on 26.07.2023, at about 7:00 AM, the complainant, Amit Rajak reported that on 25.07.2023 at 11.00 PM, when he returned home, he found his mother Savitri Rajak dead. It is alleged in FIR that liquor of applicant was concealed by his mother and on account of such provocation, he assaulted her with his hands and feet, resultantly, she died. On such complaint, police lodged an FIR for commission of offence as stated-above.
Mr. Pushkar Sinha, learned counsel for the applicant would submit that applicant is in jail since 06.09.2023 and out of 15 witnesses only 8 witnesses have been examined. He would submit that there is no direct evidence against the applicant and on suspicion, he has been arrested. He would pray to allow this application.
On the other hand, learned counsel appearing for the State would oppose. He would contend that there is dispute between applicant and his mother and out of anger, he assaulted her, resultantly, she died. He would submit that the medical evidence corroborated the prosecution case. He would submit that instant application deserves to be rejected.
I have heard learned counsel for the parties and perused the case diary.
The applicant has been arrested on the basis of an FIR lodged by Amit Rajak. There is no material evidence against the present applicant except statement of Amit Rajak. Admission of the applicant before the police officials is not admissible according to Section 27 of Indian Evidence Act. Further, the applicant is in jail since 06.09.2023 and out of 15 witnesses only 8 have been examined till now, therefore, I am inclined to allow this application.
Let the Applicant – Anup Rajak, involved in Crime No. 126/2023 registered at Shankargarh, District Balrampur-Ramanujganj (C.G.), for the offence punishable under Section 302 of Indian Penal Code, be released on bail on his furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:-
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.
The applicant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita.
In case, the applicant misuse 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.
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.
Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.