1 2025:CGHC:18119 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2290 of 2025 Raju Sahu S/o Balgovind Sahu Aged About 27 Years R/o Purana Bazarpara, Surajpur, Police Station And District- Surajpur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station- Surajpur, District- Surajpur (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Goutam Khetrapal, Advocate For Non-Applicant(s) : Mr. Hariom Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 22.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. The applicant has preferred this Second Bail Application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 574/2024, registered at Police Station Surajpur, District - Surajpur (C.G.), for the offence punishable under MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.04.24 18:21:09 +0530 2 Sections 221, 132, 109(1) and 3(5) of BNS, 2023. First bail application i.e. MCRC No. 391 of 2025 filed by the applicant was dismissed on merits by this Court vide order dated 15.01.2025. 3. Prosecution case, in brief, is that on 13.10.2024 the Head Constable Uday Singh of Police Station Surajpur has received information from the informer that Kuldeep Sahu was sitting in his Swift Desire car bearing No. CG-29-AD-5666 in front of the old CSP Office, then he and Head Constable Mohd. Talib Sheikh both went together to verify, on seeing them, with the intention of killing them, accused Kuldeep Sahu in his car the main accused tried to drive over them by speeding, both of them jumped and saved their lives, then again the accused Kuldeep Sahu tried to drive over both of them by turning his car, at the time of the incident, main accused Kuldeep along with co-accused Phool Singh @ Rinku Singh, Chandrakant Chaudhary @ CK Chaudhary, Aryan Vishwakarma @ Goldie, Ashok Sahu and applicant Raju Sahu were sitting in the car. On the basis of the which, a crime was registered against the applicant under Sections 221, 132, 109(1) and 3(5) of BNS, 2023. 4. Learned counsel for the applicant would submit that the applicant is innocent person and he has not committed any offence as alleged by the prosecution and he is falsely 3 implicated in the present case. It is further submitted that the applicant is HIV patient and he has filed the copy of medical documents which were issued by the jail authorities. He further submits that the charge-sheet has been submitted and the applicant is in jail since 17.10.2024. Therefore, he prays that the applicant be enlarged on bail. 5. On the other hand, the learned counsel for the State opposes the bail application and also endorse the submission made by the learned counsel for the applicant. He also submitted that charge-sheet has been filed therefore, he is not entitled to be released on bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstance of the case, nature and gravity of allegation made against the applicant, further considering the fact that the applicant is HIV patient and the medical documents which has been annexed with the second bail application have been verified by the State counsel and stated that the medical documents are genuine and also submitted document in this regard which is taken on record. It has been further submitted that the charge-sheet has been filed before the competent Court and he is in jail since 17.10.2024, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 4 8. Let applicant, Raju Sahu, involved in Crime No. 574/2024, registered at Police Station - Surajpur, District - Surajpur (C.G.), for the offence punishable under Sections 221, 132, 109(1) and 3(5) of BNS, 2023, be released on bail on his furnishing personal bond with two sureties 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 trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of BNS. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial Court shall initiate 5 proceedings against him, in accordance with law, under Section 209 of BNS. (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. If in the opinion of the trial Court absence of the applicant is deliberate or without sufÏcient 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. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Manish