1 2025:CGHC:15513 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2549 of 2025 1 - Janardan Sahu S/o Ishwar Lal Sahu Aged About 47 Years R/o Village- Paraswani P.S. Kurud District- Dhamtari (C.G.) 2 - Ramswarup Sahu S/o Bihariram Sahu Aged About 53 Years R/o Village- Paraswani P.S. Kurud District- Dhamtari (C.G.) ... Applicants versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station, Kurud District- Dhamtari (C.G.) ... Respondent For Applicants : Mr. Prasoon Agrawal, Advocate For Respondent/State :Mr. Jitendra Shrivastava, Deputy Govt. Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 02.04.2025 1. The applicant has preferred this first bail application under Section 483 of the BNSS, 2023 for grant of bail as they have been arrested in connection with Crime No. 527 of 2024, registered at Police Station- Kurud, District Dhamtari, (C.G.) for the offence punishable under Section 103(1), 296(b), 115(2), 351(2), 191(2) of BNS, 2023. 2 2. Brief facts of this case are that, as per the case of the prosecution, the complainant Omkar Sahu on 23.12.2024 had lodged a written complaint at Police Station Kurud, alleging that the applicants along with other co-accused person had killed the deceased Kartik Ram Patel who is the friend of the complainant. The Kartik Ram and his friends namely Omkar Sahu and Montu Sahu had looted two sacks of rice from the house of one Bhikham Sahu and they were caught by the village persons of Village Sirsida, but except deceased Kartik Patel, two other friends ran away and the village persons of village Sirsida had beaten the deceased and later on he died on 23.12.2024 at about 12:30 PM at District Hospital. 3. Learned counsel for the applicants contended that, the applicants are innocent and they have been falsely implicated in the alleged crime, they have not committed any offence as alleged against them. He further contended that the name of the applicants have not come in the memorandum statement nor in the statement recorded under Section 161 of CrPC. The applicants have no prior criminal history and they are in jail since 11.01.2025. Charge sheet has already been filed and as a result, there is no possibility of tampering with evidence or influencing witnesses. All the necessary investigation has been completed, and the applicants are ready to furnish adequate surety and 3 shall abide by all the directions and conditions, which may be imposed by this court while granting bail. Hence he prays to allow this instant MCRC and grant bail to the applicants in the interest of justice 4. Per contra, learned counsel for the State opposes the bail application submitted by the applicant by stating that the name of the present applicants have clearly been reflected in the statement of under section 161 and 164 of the CrPC. 5. I have heard learned counsel for the parties, perused the case and other materials available on record. 6. Taking into consideration the facts and circumstances of the case and further considering the nature of offence, particularly to the fact that there is no where the name of the present applicants in the FIR of the said crime however, the injured has lodged a report. Police has investigated the matter and recovered one CCTV footage of the incident. After near about 17 days of the incident one Mr. Khelam Ram Devdas statement was recorded under section 164 of the CrPC and he stated that the present applicants have also been involved in the incident. V Charge sheet has already been filed before the concerned court, and there is no possibility of tampering of evidences or influence of witnesses. Moreover there is no criminal antecedents of the 4 applicants. This court is of the considered opinion that the present case is a fit case to allow the first bail application of the present applicants. 7. Let the applicants involved in Crime No.527/2024, registered at Police Station- Kurud District Dhamtari (C.G.) for the aforementioned offence, be released on bail on their furnishing a personal bond for a sum of Rs. 10,000/- each with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions : (i) The applicants 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 applicants 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 BNS, 2023. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of the BNSS, 2023 is issued and the applicants fails to appear before the court on the date 5 fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of BNS, 2023. (iv) The applicants 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 sufficient 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. 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 alfiza