1 2025:CGHC:22605 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3454 of 2025 Raju Singh S/o Madan Sai Aged About 19 Years R/o Village- Umeshwarpur, Police Chowki-Salka (Umeshwarpur), Police Station And Tahsil- Premnagar, District- Surajpur (C.G.) ...Applicant versus State of Chhattisgarh Through Police Chowki-Salka (Umeshwarpur), Police Station Premnagar, District- Surajpur (C.G.) ... Respondent (Cause title is taken from the CIS) ___________________________________________________________ For Applicant : Mr. D.N. Prajapati, Advocate along with Mr. Krishnakant Prajapati, Advocate For State-Respondent : Ms. Upasana Mehta, Dy. G.A. ___________________________________________________________ Hon'ble Shri Justice Arvind Kumar Verma Order on Board 09/06/2025 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.98/2024 registered at ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.06.10 13:58:17 +0530 2 Police Chowki- Salka (Umeshwarpur), Police Station Premnagar, District Surajpur (C.G.), for the offence punishable under Sections 103(1), 238(A) of BNS, 2023. 2. Earlier the First Bail Application bearing M.Cr.C. No.594 of 2025 was dismissed on merits on 21/01/2025. 3. Case of the prosecution, in brief is that, the complainant Ram Sai lodged merg intimation and stated is that some unknown person killed his grandson namely Shiv Kumar and thrown his body in the courtyard behind the old ruined building of Agriculture Department, about 150 meters away from the house. During investigation, after taking the applicant into the custody was found that the deceased used to come to the house everyday after drinking alcohol and fight. On the date of incident on 11/08/2024, the applicant told the deceased that he beats the family members everyday after drinking alcohol and applicant said he will kill him also, then the applicant killed deceased by hitting him on the head with the iron bangle worn on his hand and thrown his body on the said place for destroying the evidence. 4. During investigation, the applicant was arrested and registered the offence U/S 103(1), 238(A) of B.N.S., 2023 against him. 5. Learned counsel for the applicant contended that now the material 3 prosecution witnesses have been examined before the trial Court and they have turned hostile not supported the case of the prosecution, therefore, there is change in the circumstances. He would lastly contend that the applicant is in jail since 27/08/2024 and the trial will take considerable time for its conclusion, therefore, the applicant may be released on bail. 6. Learned State Counsel opposes the submissions made by learned counsel for the applicant and submits that Manmohan Singh (PW- 7) he has supported the case of the prosecution, therefore, the applicant may not be released on bail. 7. I have heard learned counsel for the parties and perused the case diary. 8. Considering the fact that out of 23 witnesses, 08 material witnesses have been examined before the trial Court and out of which 07 witnesses are hostile and they have not supported the case of the prosecution and Manmohan Singh (PW-7) he is Patwari and has only prepared the sketch map. The applicant is in jail since 27/08/2024 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. Accordingly, the bail application is allowed. 9. Let the applicant applicant- Raju Singh, involved in Crime 4 No.98/2024 registered at Police Chowki- Salka (Umeshwarpur), Police Station Premnagar, District Surajpur (C.G.), for the offence punishable under Sections 103(1), 238(A) of BNS, 2023 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 counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of BNS, 2023. (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/her, in accordance with law, under Section 209 of BNS, 2023. 5 (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. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) Judge ashu