1 2025:CGHC:11745 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1942 of 2025 Jai Singh S/o Shri Satya Narayan Singh Aged About 30 Years R/o Pali P.S. Suryama District - Bhadohi (Uttar Pradesh) Present Address Village Kongaon Kalyan Bhimandi Thana Kongaon District - Thana Mahatrastra ... Applicant versus State Of Chhattisgarh Through The Station House Officer Police Of Police Station Vidhansabha District - Raipur (C.G.) ... Respondent For Applicant : Mr. Mahesh Kumar Mishra, Advocate For Respondent/State :Mr. Keshav Gupta, Government Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 10.03.2025 1. The applicant has preferred this first bail application under Section 483 of the BNSS, 2023 for grant of bail as he has been arrested in connection with Crime No.141 of 2024, registered at Police Station- Vidhansabha, District Raipur (C.G.) for the offence punishable under Section 302 of IPC. 2. Brief facts of this case is that complainant Mrs. Kalpana Singh lodge a report that her sister-in-law Jolly Singh lived alone in 2 house no. A-4 Sardar vallabhai Patel Complex, Police Colony Amasivani, her brother Shivpal Singh works in the dog squad in the police department in Sukma. On 05.03.2024 at around 11 PM, her sister in law Jolly Singh’s neighbor Tara Singh, who lives in house no. A-1 called him and asked where has your sister in law Jolly Singh gone, we have been seeing since 9PM that the door outside her house her sister in law Jolly Singh visits, she might have gone there, find out. Then at 2’o clock in the night, Tara Singh called Mrs. Kalpana Singh and told that she had made calls to many places in the family and had also enquired at the aunt’s house, but she was nowhere to be found. On being called near the house, Mrs. Kalpana Singh came to house of Jolly Singh, Tara Singh and two men from the colony and a policeman broke the lock of the house in front of the Mrs. Kalpana Singh and opened the door, and when they went inside, they saw that the dead body of her sister in law was lying on the floor in the middle room of the house and blood was spread on the tiles. On the above report of the complainant an FIR was registered against an unknown person in the Police Station under Sectioon 302 of IPC. 3. Learned counsel for the applicant contended that, the applicant is innocent and he has been falsely implicated in the alleged crime, he has not committed any offence as alleged against him. 3 He further contended that the applicant is in jail since 14.03.2024 and the trial would take sufficient time for its finalization. Even assuming the case of prosecution no offence like section 302 of IPC has been made out as leveled against the present applicant. There are material contradictions in the statements of the prosecution witnesses. 4. Per contra, learned counsel for the State opposes the bail application submitted by the applicant. 5. I have heard learned counsel for the parties, perused the case and other materials available on record. 6. Taking into consideration the facts and circumstances of the case and further considering the nature of offence, particularly to the fact that the applicant is in jail since 14.03.2024. This court is in favor of granting bail to the applicant. 7. Let the applicant involved in Crime No.141/2024, registered at Police Station- Vidhansabha, District Raipur (C.G.) for the aforementioned offence, be released on bail on their furnishing a personal bond for a sum of Rs. 10,000/- with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions : 4 (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 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. (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. (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. 5 8. Moreover the concerned trial court is directed to expedite the trial pending before the learned Additional Session Judge, Special Judge of Special Court for Trial of C.B.I. cases District Raipur Chhattisgarh, as soon as possible if there is no legal impediment. 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 alfiza