1 2025:CGHC:18926 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2826 of 2025 1 - Churawan Yadav S/o. Mannulal Yadav Aged About 23 Years R/o. Block No. 41, Room No. 28, Bsup Colony Khalbada Saddu, P.S. Vidhansabha District- Raipur, Chhattisgarh (As Per Challan) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station Vidhansabha, District- Raipur (C.G.) ... Respondent(s) For Petitioner(s) : Mr. C.R. Sahu, Advocate For Respondent(s) : Mr. Jitendra Shrivastava, G.A. Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 25/04/2025 1. This is the Second bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 710/2024, registered at Police Station- Vidhansabha, District Raipur 2 (C.G.) for the offence punishable under Sections 140(3), 103(1), 190, 191(3) of BNS, 2023. 2. First bail application bearing M.Cr.C. No. 2364/2025 was dismissed for want of prosecution by this Court vide its order dated 27.03.2025. 3. Brief facts of this case is that the accused persons forcefully carried Harish Sahu on their vehicle and took him to BSUP Colony Saddu Block No. 24 where they have assaulted him with hand and wooden stick as a result of which Harish Sahu sustained injuries and he died. Based upon such complaint, the police has registered FIR for offence punishable under Sections 140(3), 103(1), 190, 191(3) of BNS against the unknown persons and during investigation, police has arrested the present applicants. 4. Learned counsel for the applicant submits that the applicant has not committed any offence and he was falsely implicated by alleging as main accused in the present case. He further contended that on perusal of the evidence, it is clear that there is no direct role of the present applicant in crime in question. It is clear that the complainant is unable to disclose the role attributed by the present applicant in crime in question. He further contended that there is no previous antecedent against the applicant, charge-sheets have been filed, applicant is in jail since 28.11.2024 and trial is likely to take some time, 3 therefore, it is prayed that the applicant may be released on bail. 5. Per contra, learned counsel appearing on behalf of the State opposes the bail applications submitted by the applicants. 6. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 7. Perusal of record shows that the accused persons together forcefully made the deceased Harish Sahu to sit on the scooty of Churawan Yadav and the present applicant Churawan Yadav sat on the vehicle holding Harish Sahu and the scooty was driven by Deepak Soni and they took Harish Sahu near Saddu Talab and there the other accused persons took Harish in e-rickshaw. Therefore, the role of present applicant was that he only holds the deceased Harish Sahu and took him on his scooty near Saddu Talab. The other co-accused, i.e., Sahdev Soni, Deepak Soni and Roshan Tandi took Harish Sahu to the house of Sahdev Soni in e-rickshaw and locked Harish Sahu in Sahdev Soni’s house. 8. Taking into consideration the facts and circumstances of the case and particular considering the involvement of the present applicant in this case that he only took the deceased Harish Sahu on his scooty and dropped him near Saddu talab, further considering the fact that there is no previous antecedent 4 against the applicant, charge-sheet has been filed, the applicant is in jail since 28.11.2024 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 9. 9. Let the applicant Churawan Yadav involved in Crime No. 710/2024, registered at Police Station- Vidhansabha, District Raipur (C.G.) for the offences as mentioned above, be released on bail on his furnishing a personal bond of Rs.10,000/- with one surety in the like sum to the satisfaction of the Court concerned with the following conditions : (i) The applicant shall file an undertaking to the effect that he/she 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 his/her counsel. In case of his absence, without sufficient cause, the trial court may proceed against him/her under Section 269 of BNS, 2023. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his/her presence, proclamation under Section 84 of the BNSS, 2023 is issued and the applicants fail to appear before the court on the date fixed in 5 such proclamation, then, the trial court shall initiate proceedings against him/her, in accordance with law, under Section 209 of BNS, 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 applicants are 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/her in accordance with law. 10. 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 Madhurima