1 2025:CGHC:13992 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2297 of 2025 • Devendra Sahu S/o Ramkhilavan Sahu Aged About 19 Years R/o Ward No. 11 Near Shankar Mandir Tanaud, Police Station- Shivrinarayan, District- Janjgir-Champa (Chhattisgarh), ... Applicant versus • State Of Chhattisgarh Through The Station House Officer, Police Station- Lavan, District- Balodabazar-Bhatapara (Chhattisgarh). ... Non-applicant For Applicant : Mr. Siddhant Tiwari, Advocate For Non-applicant : Ms. Pragya Shrivastava, Dy. G.A. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 24/03/2025 1. Applicant has filed this Second bail application under Section 483 of B.N.S.S., 2023 for grant of regular bail as he is arrested in connection with Crime No. 389 of 2024 registered at Police Station – Lavan, District – Balodabazar, Chhattisgarh for the offences punishable under Sections 109(1), 103(1), 61(2)a, 238(a)(b), 249(a)(b), 308(2), 3(5), 111(2)(a), 111(5) of BNSS and 25, 27 of the Arms Act. Earlier the applicant had preferred an VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.03.25 14:55:36 +0530 2 application under Section 483 of the BNSS, 2023 for grant of bail before the learned Second Additional Sessions Judge, Balodabazar (Chhattisgarh), which has been rejected by the learned lower Court vide order dated 03.01.2025, subsequentely vide order dated 24.02.2025, this Hon’ble Court has dismissed the bail application as withdrawn. 2. Case of the prosecution, in brief, is that applicant Banwari Sahu, father of deceased namely "Vijay Sahu” has lodged a report in Lavan police station to the effect that on 20.09.2024, at about 7.00-8.00 pm, applicant's son Vijay Sahu who was returning from a shop after buying his household goods, when the co-accused namely "Rahul Sahu" of the nearby locality came near Vivek Cold Drink Shop, Ahilda turn Lavan, with his scooty number CG22-M-2548 from behind and saying that he will kill the deceased due to an old resentment, attacked the applicant's son Vijay with a knife on the thigh of his left leg causing a fatal attack and serious injury, due to which deceased was declared dead during treatment, on the report of the incident, a crime was registered bearing crime number 389/2024 and on the basis of the memorandum statement of co-accused "Rahul Sahu" the present applicant was arrested only on the ground that the applicant has helped the accused by giving him shelter to hide in his house, on same the charges were framed against the present applicant. 3. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in 3 question. He further submits that the alleged incident took place on 19.09.2024 and the applicant has been arrested on 22.02.2024 only on the memorandum of co-accused namely Rahul Sahu. He also submits that the applicant and the co- accused Rahul Sahu and Chandrashekhar Sahu are relative and out of good faith without having knowledge that the the co- accused have came after committing an grave offence and they were relative of each other the co-accused were staying at the applicant’s house and during their stay, they have also used the mobile of the applicant. He further submits that he is in jail since 22.09.2024 He further submits that the charge sheet has already been filed on 19.12.2024 and there is no chance of tempering with the evidence, hence, he may be enlarged on bail. 4. Learned State counsel opposes the submission of learned counsel for applicant and would submit that looking to nature of offence, applicant is not entitle to get bail. 5. I have heard learned counsel for the parties. 6. Taking into consideration facts and circumstances of the case, nature of allegation, submission of learned counsel for the respective parties and further considering the fact that applicant and the co-accused namely Rahul Sahu and Chandrashekhar Sahu are relative and out of good faith they were staying at the applicant’s house, looking to the involvement of applicant in murder of the deceased Vijay Sahu and charge-sheet has already been, no previous criminal 4 antecedent of the applicant, without commenting anything on merits of the case, I am inclined to enlarge applicant on bail. 7. Accordingly, the bail application is allowed. It is directed that the applicants shall be released on regular bail, upon furnishing a bail bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that - (a) 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. b) 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 Bharatiya Nyaya Sanhita. c) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (d) 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 sufficient cause, then it shall be open for the trial court to treat such 5 default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/- (Arvind Kumar Verma) JUDGE vaishali