1 2025:CGHC:12769 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2137 of 2025 1 - Alok Toppo S/o Dev Sai Toppo Aged About 23 Years R/o Jakba, Garhatoli, Tehsil And District Jashpur (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Jashpur District Jashpur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Vedant Shadangi, Advocate For Respondent(s) : Mr. Neeraj Sharma, Dy. A.G. Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 18/03/2025 1. The applicant has preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 234/2024, registered at Police Station Jashpur, District- Jashpur (CG) for the offence punishable under Section 103(1) of BNS, 2023. 2 2. The prosecution story in brief is that complainant's husband Lt. Ram Prasad Ram (deceased) along with daughter Gangotri Bai had gone to Lokhandi Road, Bathandand to watch the "Matki Phod" ceremony on 27.08.2024 at around 09.00 pm. When her husband was returning with daughter Gangotri Bai at around 11.30 pm, when the complainant asked her husband as to what happened, her husband told that while he was watching the ceremony sitting on the roadside at Bathan dand at the same time, the applicant came and sat beside him and started touching the boil (phoda) on the left arm repeatedly, when the complainant's husband (deceased herein) objected to it to which the applicant lifted deceased on the ground and threw him down and beat him with hands, kicks and feet on the stomach and other places, due to the beating, his stomach was hurting. Subsequently, on 28.08.2024, when the stomach ache did not get cured, the deceased was taken to Nirala Hospital, Jashpur (C.G.) for primary treatment, after which he was referred and admitted to District Hospital Ambikapur on 28.08.2024 at 12.00 pm and during treatment the husband died on 30.08.2024 at around 12.10 pm. Subsequently FIR was registered on 06.10.2024 at P.S. Jashpur (C.G.) for the offence u/s 103 (1) of BNS, 2023. 3. Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case. There is no material on the hand of the prosecution to connect the applicant with the above mentioned crime. There is no admissible 3 material/evidence against the applicant. The applicant is in jail for the past 5 months. He further contended that there is delay of 45 days in lodging the FIR. Also, the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned counsel for the State opposes the bail application. 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 antecedent, there is no previous enmity by and between the parties, there is no planned murder. Also, there is no flight risk. Further, the conclusion of the trial may take some more time, therefore, looking to the nature of offence and the aforesaid facts, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant- Alok Toppo, involved in Crime No. 234/2024 registered at Police Station Jashpur, District - Jashpur (C.G.), for the offence punishable under Section 103(1) of BNS, 2023 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 4 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 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 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 them in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously as 5 soon as possible in accordance with law, 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 Madhurima