1 2025:CGHC:12385 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1936 of 2025 • Roshan Yadav S/o Shyam Bihari Yadav Aged About 29 Years R/o Rajiv Nagar, Police Station Supela, Bhilai, Tahsil And District Durg Chhattisgarh. ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Supela, District Durg Chhattisgarh. ... Non-applicant For Applicant : Mr. Jitendra Gupta, Advocate For Non-applicant : Mr. Neeraj Sharma, Dy. G.A. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 12/03/2025 1. The applicant has filed this First bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 1179/2024 registered at police station Supela, District – Durg (CG) for the offence punishable under Sections 103(1), 238, 249, 3(5) of BNSS and Section 25, 27 of Arms Act and Section 128, 39/192, 130(1+3) of Motor Vehicle Act. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.03.17 13:04:26 +0530 2 2. Prosecution case, in brief, is that the complainant lodged an oral report against the applicant and other co-accused that she has received information by one Shubham that her husband has received knife blow and he has been admitted to Lal Bahadur Shastri Hospital, Supela afterthat she reached hospital alongwith her sister in law (Nand) and she found her husband died on the stretcher. On the basis of the said report, the police registered the offence against the accused persons and they were arrested. 3. Learned counsel for the applicant submit that the applicant has been falsely implicated in the case alleging him to be the main accused. He further contended that on perusal of the evidence, it is clear that there is no direct role of the applicant in the crime in question. It is also clear that the complainant was not able to disclose the role attributed to the present applicant in the crime. He further submits that charge sheet has been filed in the present case and the trial is likely to take some time and he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail. 4. Learned counsel for the respondent/State, on the other hand, has opposed the bail application. 5. Heard counsel for the parties and perused the record. 6. On due consideration of the rival submissions and further considering the involvement of the applicant in the present 3 case and looking to the role of the applicant in the case and, charge sheet has been filed and that the final disposal of the trial is likely to take sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed. 7. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the concerned trial court, he shall be released on bail on the following conditions: i) he shall file an undertaking to the effect that he/she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the 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) he shall remain present before the trial court on each date fixed, either personally or through his/her counsel. In case of his absence without sufficient cause,t he trial court may proceed against him/her under Section 269 of BNS, 2023. iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his/her presence, proclamation under Section 84 of the BNSS, 2023 is issued and the applicant failed to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/her. 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 4 351 of BNSS, 2023.If in the opinion of the trial court absence of the applicants are deliberate or without sufficient cause,t hen it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him/her in accordance with law. 8. 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 vaishali