1 2025:CGHC:24624 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3357 of 2025 Lav Prasad Bhargav, S/o. Leela Prasad Bhargav, Aged About 27 Years, R/o. Satnami Mohalla, Kormi, District Bilaspur Chhattisgarh. --- Applicant versus State Of Chhattisgarh, Through-Police Station - Sirgitti, District Bilaspur Chhattisgarh ---- Respondent For Applicant : Mr. K.P.S. Gandhi, Advocate For Respondent/State : Mr. Keshav Prasad Gupta, Govt. Advocate Hon'ble Shri Justice Parth Prateem Sahu Order On Board 16/06/2025 1. Applicant has filed this second bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No.457/2021, registered at Police Station – Sirgitti, District – Bilaspur (C.G.) for offence punishable under Section 147, 148, 149, 307/149, 302/149, 323/149 of the Indian Penal Code. The first bail application of the applicant was dismissed as withdrawn vide order dated 07.01.2025 in M.Cr.C. No.8546 of 2024. BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN 2 2. Case of the prosecution, in brief, is that 30.08.2021, at the time of occasion of matki fod competition during Krishna Janmashtami festival, applicant along with other came on spot and have assaulted persons present there in which, Umesh Yadav suffered grievous injuries and succumbed to injuries during treatment. Incident was reported to the concerned Police Station, based upon which, aforementioned crime was registered against applicant and others. 3. Learned counsel for applicant submits that applicant has been falsely implicated in this case. He has not committed any offence as alleged. It is contended that charge-sheet was initially filed showing the present applicant absconding. The other co-accused persons were separately tried by the learned trial Court for the aforementioned offences and upon conclusion of trial, learned Claims Tribunal has acquitted all the co-accused persons giving them benefit of doubt. The witnesses were examined and not believed by the trial Court, are the witnesses to be examined in the trial against present applicant also. He submits that copy of the judgment passed by the Sessions Court in Criminal Case/CNR No. CGB-01-000440-2022 is filed along with covering memo between State of Chhattisgarh Vs. Sunil Bhargava & 4 others. Applicant is in jail since 22.10.2024. Hence, he may also be enlarged on bail. 4. Learned counsel for State opposes the submission of learned counsel for applicant and would submit that in the case diary, there are allegation against the applicant of committing alleged offence. The co- accused have admitted in his statement about participation of applicant in the aforementioned crime. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation, submission of learned counsel for the applicant that five co-accused persons have already been acquitted by the trial Court on the same evidence, the period of pre-trial detention, without commenting anything on the merits of the case, I am inclined to allow this bail application. 7. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail on his furnishing a personal bail bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the Court on the following conditions :- (i) The applicant shall file an undertaking to the effect that 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 counsel. In case of her absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under 4 Section 82 Cr.P.C. 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 174-A of the Indian Penal Code. (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 313 Cr.P.C. 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. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Balram