Asad Khan vs State of Chhattisgarh

Ramesh Sinha, J

This is the Second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who have been arrested in connection with Crime No. 96/2024 registered at Police Station: Gariyaband, District - Gariyaband, for the offence punishable under Sections 395, 397, 506 and 120(B) of Indian Penal Code and Sections 25 and 27 Arms Act.

As per the prosecution case, an oral complaint was lodged by Neelkanth Sinha on 13.02.2024 in Police Station Gariyaband stating that on 07.02.2024 he has gone to State Bank of India Branch, Gariyaband at 02.30. p.m. and he returned at about 4-5 p.m. when he reached near Kesodar Dhan Mandi at the same time three persons came with covered faces, one of the them pointed gun towards the complainant and two persons pointed knife and took him towards Jungle and looted Rs. 4,000/- and a mobile from him and ran away. On the basis of such report lodged by the complainant, the concerned Police station investigated the mater and registered the crime against the applicant.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the first bail application which was rejected by this Court vide order dated 16.07.2024 passed in MCRC No. 5059/2024 on the ground that the applicant has six previous criminal antecedents and it is stated that in the present case that the trial is in progress and statement of 08 prosecution witnesses have been recorded and statement of 05 prosecution witnesses are yet to be recorded. He further submits that the charge-sheet has been submitted and he is in jail since 13.02.2024. Therefore, he prays that the applicant to be enlarged on bail.

On the other hand, the learned counsel for the State opposes the bail application and submits that the first bail application was rejected on the ground that the applicant has six previous criminal antecedents. Hence, his bail application is liable to be dismissed.

I have heard learned counsel for the parties and perused the material available on record.

Taking into consideration the fact and circumstances of the case and the fact that the first bail application of the applicant was rejected by this Court vide order dated 16.07.2024 passed in MCRC No. 5059/2024 on the ground that the applicant has six previous criminal antecedents and in the present case that the trial is in progress and statement of 08 prosecution witnesses have already been recorded and statement of 05 prosecution witnesses are yet to be recorded, further the trial is in progress and the applicant is having six previous criminal antecedents which shows that the he is a habitual offender and the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence, and it cannot be said to be a case of false implication and also in light of the judgment rendered by the Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail accordingly, the bail application of applicant – Asad Khan involved in Crime No. 96/2024 registered at Police Station : Gariyaband, District - Gariyaband, for the offence punishable under Sections 395, 397, 506 and 120(B) of Indian Penal Code and Sections 25 and 27 Arms Act is, rejected at this stage.

However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously as possible preferably within a period of four months from the date of receipt of a certified copy of this order, if there is no legal impediment.

The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith.