1 2025:CGHC:29151 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3311 of 2025 Manish Garg S/o Pawan Garg Aged About 27 Years R/o Ganj Bazaar, Kharsiya, Chowki - Kharsiya, District - Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through - P.S. - Kharsiya, District - Raigarh (C.G.) ... Respondent For Applicant : Shri Sanjay Agrawal, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. For objector : Shri Amit Sharma, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/06/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.64/2025 registered at Police Station Chowki Kharsiya, District- Raigarh (C.G.) for the offence punishable under Sections 296, 115(2), 324(2), 03(5), 331(6), 105 of BNS. 2. Case of the prosecution, in brief, is that the complainant namely Gagan Agrawal lodged first information report (F.I.R.) on 22/01/2025 alleging that during 10.30 P.M applicant along with other co-accused started GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.01 17:19:27 +0530 2 abusing & fighting with fists & kick with the complainant and hearing the same abuse deceased father of the complainant came out of his house and asked them to stop fighting and during the brawl the deceased fell on the spot and died whereby there is no external injury found on the body of the deceased and as per the postmortem report the deceased died due to cardio respiratory failure. 3. It has been argued by learned counsel for the applicant that the applicant and the complainant had some altercation in which father of the complainant who is the deceased intervened and the cause of death is cardio respiratory failure as per the postmortem report. It is stated that the charge sheet has been submitted and the applicant is in jail since 31/01/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She would submit that there is no previous criminal antecedent against the present applicant. 5. Learned counsel for the objector opposes the prayer for grant of bail and has submitted that the applicant along with the co-accused also made disturbance in the Raigarh Jail and because of their conduct, they were shifted from Raigarh jail under the orders of the trial court dated 22/06/2025. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, considering the fact that as per the postmortem report cause of death 3 of deceased is due to cardio respiratory failure, there is no previous criminal antecedent against the present applicant, period of detention of the applicant since 31/01/2025, charge sheet has been filed and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant-Manish Garg, involved in Crime No.64/2025 registered at Police Station Chowki Kharsiya, District- Raigarh (C.G.) for the offence punishable under Sections 296, 115(2), 324(2), 03(5), 331(6), 105 of BNS., 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 Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his 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, 4 under Section 209 of the Bharatiya Nyaya Sanhita. (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. 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri