1 2025:CGHC:11554 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1883 of 2025 1 - Durgesh Sen S/o Somnath Sen Aged About 22 Years R/o Sarona, Police Station- D. D. Nagar, District Raipur, Chhattisgarh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- D. D. Nagar, District Raipur, Chhattisgarh. ... Respondent(s) For Applicant(s) : Ms. Maya Dubey, Advocate For Respondent(s) : Mrs. Pragya Shrivastava, Dy. G.A. Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 07/03/2025 1. This is the first bail applications filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested on 04.01.2025 in connection with Crime No. 386/2024, registered at Police Station- D.D. Nagar, District- 2 Raipur (C.G.) for the offence punishable under Section 103(1), 190, 190(2)(3), 61(2) of BNSS, 2023 and Section 25, 27 of Arms Act. 2. Brief facts of this case are that on 05.10.2024, the complainant Shankar was going to sleep in his house, then Sonu Yadav and Raghuveer Raghuvanshi told him that at about 10:00 pm his nephew Abhay Netam has been assaulted by Praveen Yadav, Purushottam Yadav and Karan Nayak by fists, clubs and knife due to which Abhay Netam received grievous injuries on his head, back, waist, thigh and stomach. He was taken to AIIMS for treatment where the doctor declared him dead. On the basis of the complaint lodged by the complainant, a morgue intimation was registered by P.S. D.D. Nagar and morgue panchnama proceeding was done. During inspection of dead body and injuries received upon the head of the deceased and opinion received from the specialist of Forensic Science Laboratory, the death of the deceased was found prima facie case of murder and FIR bearing no. 386/2024 was registered. 3. Learned counsel for the applicant contended that the applicant is innocent and had no connection with the alleged crime. There is no name of the applicant in the FIR. 4. Learned State Counsel has opposed the contentions raised by the counsel for the applicant and submits that all the evidences are against the applicant. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, that the applicant has no criminal antecedents and considering the fact that the applicant’s name is not mentioned in the FIR only on the basis of the memorandum recorded by the Investigating Officer one stick has been recovered from the accused and no blood stain has been found by the investigating officer on the stick. Also, the 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. 7. Let the applicant- Durgesh Sen, involved in Crime No. 386/2024 registered at Police Station D.D. Nagar, District-Raipur (C.G.) for the offence punishable under Section 103(1), 190, 190(2)(3), 61(2) of BNS, 2023 and Sections 25 and 27 of Arms Act be released on bail on his furnishing a bail bond of Rs. 10,000/- with one surety in the like sum to the satisfaction of the Court concerned with the following conditions:- (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. (ii) The applicant shall remain present before the 4 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 them under Section 269 of Bhartiya Nyay Sanhita, 2023 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of Bhartiya Nyaya Sanhita, 2023. (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 BNSS. If in the opinion of the trial court absence of the applicants 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 them in accordance with law. 8. However, this Court hopes and trusts that the if the charge sheet is submitted against the applicants, the Trial Court shall make an earnest endeavour to conclude the trial as soon as possible in accordance with law, if there is no legal impediment. 5 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) JUDGE Madhurima