1 2025:CGHC:17633 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2935 of 2025 Khomendra Dhidhi S/o Shri Sheet Kumar Dhidhi Aged About 19 Years R/o Ward No. 11, Bhatheli (Bhakhara), Thana- Bhakhara, Distt.- Dhamtari (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Bhakhara, Distt.- Dhamtari (C.G.) ... Respondent For Applicant : Mr.Sunil Sahu, Advocate For Respondent/State :Mr. Jitendra Shrivastava, Deputy Govt. Advocate Hon'ble Shri Justice Arvind Kumar Verma, Judge Order on Board 17.04.2025 1. The applicant has preferred this first bail application under Section 483 of the BNSS, 2023 for grant of bail as he has been arrested on 28.11.2024 in connection with Crime No. 180 of 2024, registered at Police Station- Bhakhara, District Dhamtari (C.G.) for the offence punishable under Section 103 and 61(2) of BNS, 2023. 2 2. Brief facts of this case are such that on 16.10.2024 complainant Emeshwari Dhidhi given the merg intimation regarding the death of her father Bihari Lal with the averments that at about 7:40 AM when she was cooking, her mother was in cattle rom and father was cleaning the cattle house at that time she heard the voice of quarrel and on reaching the spot she saw that the accused Sheet Kumar Dhidhi was beating her father by an iron patta. When she tried to intervene, accused made her aside and continued causing injury to her father by iron patta as well as brick pieces. The accused did so due to some old enmity regarding land. Upon which FIR was lodged. 3. Statement of the accused under Section 161 of Cr.P.C. was recorded on 16.10.2024. After completion of the investigation charge sheet was filed before the JMFC, Kurud on 27.12.2024 4. Learned counsel for the applicant most humbly submits that the applicant is being implicated based on a supplementary statement made by the complainant, Emeshwari Dhidhi, recorded 14 days after the initial FIR. The name of the applicant is not mentioned in the original complaint or the FIR filed on 16.10.2024, and his name is introduced later with no substantive evidence linking him directly to the alleged offence even the presence of the present applicant has not been established in the place of occurrence. He further submitted that the 3 supplementary statement implicating the applicant is highly suspect, given that it was recorded long after the incident and seems to be an attempt to include all family members of the main accused. There is no evidence to suggest that the applicant was involved in the actual act of violence and co- accused against whom similar allegations were labeled were granted bail by this court case of the present applicant is identical. The present applicant is in jail since 28.11.2024. The applicant is ready to furnish adequate surety and shall abide all the directions and conditions which may be imposed by this Court while granting bail. 5. Per contra, learned counsel for the State opposes the bail application submitted by the applicant. He submits that there are ample of incriminating evidences which shows the role of present applicant in the alleged crime, hence granting bail to the applicant would cause huge injustice. 6. I have heard learned counsel for the parties, perused the case and other materials available on record with utmost circumspection. 7. Taking into consideration the facts and circumstances of the case and further considering the nature of offence, particularly to the fact that the applicant is in jail since 28.11.2024 and the 4 name of the applicant is not mentioned in the first FIR. Moreover the other co-accused namely Smt. Durali Bai Dhidhi and Smt. Ram Bai Dhidhi has been granted by this court vide order dated 17.03.2025 passed in MCRC No. 2069 of 2025. Hence he is also entitled to receive bail on the basis of parity. Thus this court is in favor of granting bail to the applicant. 8. Let the applicant involved in Crime No.180/2024, registered at Police Station- Bhakhara, District- Dhamtari, (C.G.) for the offence punishable under Section 103 and 61(2) of the BNS, 2023, be released on bail on his furnishing a personal bond with two sureties 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 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 counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of BNS, 2023. 5 (iii) In case, the applicant 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 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 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 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 for necessary information and compliance forthwith. sd/- (Arvind Kumar Verma) Judge alfiza