1 2025:CGHC:18451 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3075 of 2025 1 - Devraj Dhruv S/o Samaru Dhruv Aged About 28 Years R/o Village - Sirsida, P.S. And Tehsil -Kurud,District-Dhamtari(C.G.) 2 - Toran Sahu S/o Roopsingh Sahu Aged About 33 Years R/o Village - Sirsida, P.S. And Tehsil -Kurud,District-Dhamtari(C.G.) 3 - Toman Lal Sahu S/o Punaram Sahu Aged About 35 Years R/o Village - Sirsida, P.S. And Tehsil-Kurud,District-Dhamtari(C.G.) 4 - Ishwar Sahu S/o Late Nirmal Sahu Aged About 58 Years R/o Village - Sirsida, P.S. And Tehsil-Kurud,District-Dhamtari(C.G.) 5 - Devnarayan Sahu S/o Dilip Sahu Aged About 48 Years R/o Village - Sirsida, P.S. And Tehsil -Kurud,District-Dhamtari(C.G.) 6 - Humesh Chand Dhruv @ Golu S/o Girwar Dhruv Aged About 30 Years R/o Village - Sirsida, P.S. And Tehsil - Kurud, District - Dhamtari (C.G.) 7 - Bhupesh Kumar Sahu S/o Late Mangtu Ram Sahu Aged About 22 Years R/o Village - Sirsida, P.S. And Tehsil - Kurud, District - Dhamtari (C.G.) 8 - Jageshwar Nirmalkar S/o Kripa Ram Nirmalkar Aged About 56 Years R/o Village - Sirsida, P.S. And Tehsil-Kurud,District-Dhamtari (C.G.) 9 - Shyamu @ Keshav Sen S/o Chandrahas Sen Aged About 28 Years R/o Village - Dahdaha, P.S. And Tehsil - Kurud, District - Dhamtari (C.G.) 10 - Keshav Ram Sahu S/o Late Amru Ram Sahu Aged About 62 Years R/o Village - Paraswani, P.S. And Tehsil - Kurud, District - Dhamtari (C.G.) ... Applicants versus 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 2 Hon'ble Shri Justice Arvind Kumar Verma, Judge Order on Board 23.04.2025 1. The applicants have 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) and 191(2) of BNS, 2023 2. Brief facts of this case are that, the complainant Omkar Sahu on 23.12.2024 has 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. Kartik Ram and his friends namely Omkar Sahu, Sanjay Sahu, Devendra Sahu and Dhaneshwar Nishad had looted 02 sacks of rice from the house of one Bhikham Sahu and they were caught by the village persons of Village Sirsida and they had beaten the deceased and his friends with hand, fists and stick and later on Kartik died on 23.12.2024 at about 12:30 PM at District Hospital. 3. Learned counsel for the applicants contended that the applicants have not committed any offence. There is no named FIR against the present applicants. There is no concrete materials to 3 implicant the applicants. The applicants have been made as an accused later on the basis of the seized CCTV footage obtained after three to four days of incident. They are in jail since 27.12.2024 and there is no prior criminal history of the applicants. Moreover the other co-accused persons have been granted bail by this Court in MCRC No. 2549 of 2025 and MCRC No. 2739 of 2025. Hence the applicants be enlarged on bail in the interest of justice. 4. Per contra, learned counsel for the State opposes the bail application submitted by the applicants. 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 the FIR contains the name of Bhikam Sahu, Nohar Sahu, Budeshwar Sahu, Premu Kumar Sahu, Kishan Sahu, Virendra Sahu, Toran Sahu, Ramnath Sahu, Ramesh Sahu, Bhanbai Sahu, Geetanjali Sahu and Shashikala Sahu. So far as the present applicants is concerned, although they were known to the complainant but their name has not been reflected in the FIR. They are arrested only on the basis of CCTV footage. Moreover there are two persons of same name as Toman Sahu. 4 But as per the charge sheet the person whose name is in the FIR is Toman Sahu, son of Nirmal Sahu. Looking to the involvement of the present applicant in the case, considering the fact that charge sheet has already been filed, and also considering the fact that co-accused Janardan Sahu and Ramswarup Sahu has been enlarged on bail by this court in MCRC No. 2549 of 2025 vide order dated 02.04.2025, hence, on parity basis, I am inclined to allow the application. 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 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. 5 (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 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