1 2025:CGHC:17604 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2739 of 2025 1 - Harish Chandrakar S/o Doman Lal Chandrakar Aged About 39 Years 2- Sanjay Sahu, S/o. Nekram Sahu, Aged about 39 years Both are R/o Village Paraswani, P.S. Kurud District Dhamtari (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Kurud District Dhamtari (C.G.) ... Respondent(s) For Applicant(s) : Shri Prasoon Agrawal, Advocate For Respondent(s) : Shri Jitendra Shrivastava, GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 11/04/2025 The applicants have filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail asthey are in custody in connection with Crime No. 527/2024 registered at police station Kurud, District Dhamtari (CG) for the offence punishable under Sections 103(1) , 296(1),11592), 351(2) and 191(2) of BNS, 2023. 2 2. Prosecution case in brief is that on 23.12.2024, complainant Omkar Sahu lodged a written complaint alleging that the applicants along with the co-accused persons had committed murder of his friend Kartik Ram Patel. It is alleged that Kartik Ram, Complainant and Montu Sahu had looted two sacks of rice from the house of one Bhikham Sahu and were caught by the villagers. However, the other two persons run away from the spot but Kartik Ram Patel was caught and was beaten by the villagers with hands, fists and clubs as a result of which he sustained injuries and while taking him to the District hospital, Dhamtari, he died. On the basis of the said report, the applicants were arrested. 3. Counsel for the applicants submits that the applicant has been falsely implicated in the case. He submits that there is no named FIR against the applicants and their names have not been made in the memorandum statement of the witnesses. He further submits that the essential ingredients of the offence are absent in this case. Lastly, he submit that the applicants have no criminal antecedents against them and they are in jail since 24.12.2024; the charge sheet has already been filed and the trial is likely to take some time, they are ready and willing to comply with any of the conditions which may be imposed upon them and thus, it is submitted that the application be allowed and the applicants be released on bail. 4. Learned counsel for the respondent/State, on the other hand, has opposed the bail application and submits that the name of the applicants have been reflected in the statements under Sections 161 and 164 Cr.P.C. 5. Heard counsel for the parties and perused the material available on record. 3 6. On due consideration of the rival submissions and the fact that the name of the applicants had no where been mentioned in the FIR though the injured has lodged the report; the applicants are in jail since 24.12.2024, the charge sheet has been filed and the final disposal of the trial is likely to take sufficiently long time, the present application deserves to be allowed. Accordingly, their bail application is allowed. 7. It is directed that in the event of each of the applicant’ executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the concerned trial court, they shall be released on bail on the following conditions: (i) he/they shall not directly or indirectly make any inducement,threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (ii) he/they shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) he/they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial, (iv) he/they shall not involve himself in any offence of similar nature in future. 8. Office is directed to send certified copy of this order to the trial court for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.04.17 14:59:29 +0530