1 2025:CGHC:14233 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2338 of 2025 1 - Smt. Temin Bai Sahu W/o Kirtan Lal Sahu Aged About 36 Years R/o Near Ajay Kirana Shop, Hathkhoj, Police Station Purani Bhilai, District Durg (C.G.) 2 - Vijay Laxmi W/o Pramod Gavel Aged About 33 Years R/o Near Shiv Mandir, Shitlapara, Hathkhoj, Police Station Purani Bhilai, District Durg (C.G.) 3 - Neera Singh Rajput W/o Ramnarayan Rajput Aged About 34 Years R/o Near Shiv Mandir, Shitlapara, Hathkhoj, Police Station Purani Bhilai, District Durg (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House OfÏcer, Police Station- Old Bhilai District- Durg (C.G.) ---Non-Applicant For Applicants : Ms. Aditi Singhvi, Advocate For-Non-applicant : Mr. Pragya Shrivastava, Dy. G.A. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 25/03/2025 1. The applicant has preferred this Second Bail Application under Section 483 of B.N.S.S. in connection with Crime No. 403/2024, registered at Police Station Old Bhilai, District Durg, Chhattisgarh for the offences punishable under Sections 103(1), 190, 191(1), 191(2)191(3), and 238(B), of BNS 2023. Digitally signed by JYOTI JHA Date: 2025.03.26 10:58:56 +0530 2 2. Earlier bail application was withdrawn by the learned counsel for applicants on 23.01.2025 in MCRC No. 652/2025. 3. The prosecution story in brief, is that, a complaint was filed by the complainant, Smt. Janti Singh Janghel, in which she alleged that on 06.10.2024, her brother, Ashik Vishwakarma, who later died from his injuries was severely attacked by a group of people. The assault was said to have been motivated by a prior enmity between the deceased and the accused persons. The complaint states that a group of attacker physically assaulted Ashik near Shiv Mandir, using sticks and their fists. After the assault, Ashik was rushed to Supela Hospital for treatment and where he was declared dead a the hospital. Following the incident, an FIR was registered by the police based on the complaint of Smt. Janti Singh Janghel. 4. It was argued by the learned counsel for the applicant that applicants have falsely implicated in this case, they have not committed any offence as alleged against them. Eye witnesses and other witnesses who have said to be present at the spot, have not stated anything about the presence of the applicants at the spot. There is no any other previous criminal antecedents against the applicants, they are in jail since 08.10.2024 and conclusion of trial may take some time, hence they may be released on bail. 5. On the other hand, the learned counsel for the State opposed the bail application of the applicants. 6. Having heard the contentions put forth on either side and on perusal of record, particularly taking into consideration the fact that total 29 3 witnesses including eye witnesses and material witnesses have been examined before the trial Court and they have turned hostile and further there is no previous criminal antecedents against the applicants and looking to the involvement of the applicants, the trial is likely to take sometime for its conclusion and the applicants are in jail since 08.10.2024, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let applicant, Smt. Temin Bai Sahu, Vijay Laxmi and Neera Singh Rajpur, involved in 103(1), 190, 191(1), 191(2), 191(3), and 238(B), of BNS 2023, Police Station – Old Bhilai, District Durg Chhattisgarh, be released on bail on his furnishing a personal bond with one surety in the like amount 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 their counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyaya Sahita, 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 BNSS 2023. is issued and the applicant fails 4 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 Bhartiya Nyaya Sahita, 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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Arvind Kumar Verma) Judge Jyoti