1 2025:CGHC:16142 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2709 of 2025 1 - Dhananjay Bagh @ Bhaijan @ Sonu S/o Subirkiran Bagh Aged About 37 Years R/o Gandhinagar Near Pedri Pratim Kirana Shop Raipur Police Station Civil Line Raipur Tahsil And District - Raipur Chhattisgarh At Present R/o Village Hiravahi (Talab Chowkidar) Police Station Khairagarh District - Khairagarh Chhuikhadan Gandai Chhattisgarh ... Applicant Versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Khairagarh District - Khairagarh Chhuikhadan - Gandai Chhattisgarh ... Non-applicant For Applicant : Mr. Pallav Mishra, Advocate along with Mr. Sandeep Tiwari, Advocate For Non-applicant : Mr. Keshav Prasad Gupta, Government Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 07/04/2025 1. This is the second bail application. The first bail application was dismissed as withdrawn vide order dated 23.11.2023 in M.Cr.C. No. 6667/2023. 2. This bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 95/2023 registered at Police Station – Khairagarh, District – Khairagarh-Chhuikhadan-Gandai, Chhattisgarh for the offences punishable under Sections 302, 294, 506 Part-II & 323 of the Indian Penal Code, 1860. SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 3. Case of prosecution is that, on 01.03.2023, the applicant along with others went for fishing at pond of Village Heerawahi. When they were taking rest in the hut, the deceased Ashok Burman came there and demanded money. The altercation took place between the deceased and the applicant and thereafter, the applicant assaulted him and also poured the deceased in water of the pond till he died. The incident was seen by one Mohan Rai and he reported the incident to the concerned police station. Based upon which, aforementioned crime was registered and during the course of investigation, the applicant was arrested on 02.03.2023. 4. Learned counsel for the applicant submits that the applicant is innocent, he has been falsely implicated in the crime. He has not committed any offence as alleged. He submits that after investigation, charge-sheet has been filed and in the entire charge-sheet, witness Mohan Rai is the only material witness who saw the incident and have made complaint in the concerned police station. The other witnesses are not the eye-witness and also not material witnesses. The witness Mohan Rai during the course of trial was examined before the learned Trial Court and he has not supported the case of prosecution. There are as many as 13 witnesses and 07 witnesses have been examined till date. He also submits that there are no other criminal antecedents against the applicant. Trial may take sometime, hence, the applicant may be enlarged on bail. 5. On the other hand, learned State counsel do not dispute the submission of the counsel for the applicant that there is only one eye-witness to the incident i.e. Mohan Rai. However, he submits that the submission of the counsel for the applicant based upon the deposition of the witness Mohan Rai is subject matter of appreciation by the learned Trial Court. 6. I have heard learned counsel for the respective parties. 3 7. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, period of pre-trial detention, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 8. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned 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 andin 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 default as abuse of liberty of bail and proceed against him in accordance with law. 9. 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/- (Parth Prateem Sahu) Judge Dey