Page No.1 of 4 IN MCRC-3772-2025 2025:CGHC:21980 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3772 of 2025 Aghan Manjhi S/o Bandhan Manjhi Aged About 26 Years R/o. Village- Khokhraoama Thana Gharghoda Distt.- Raigarh (C.G.) ... Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station- Gharghoda, Distt.- Raigarh (C.G.) ... Respondent [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Applicant : Mr. Rajendra Patel, Advocate For Respondent : Mr. Praveen Das, Dy. AG ----------------------------------------------------------------------------------------------- (Single Bench: Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 13.05.2025 1. This is the First Bail Application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 25.07.2021 in connection with Crime No.151/2019, registered at Police Station - Gharghoda, District Raigarh (C.G.) for the offence punishable under Sections 302, 201, 120-B & 34 of IPC. 2. The case of the prosecution in brief is that on 27.08.2019, the wife of the deceased- Sunderlal Manjhi found the dead body of her husband (deceased) drowning in the pond, at which, merg intimation was registered by the police and wheels of investigation SAIFAN KHAN Digitally signed by SAIFAN KHAN Date: 2025.05.13 17:37:35 +0530 Page No.2 of 4 IN MCRC-3772-2025 started running. During the course of investigation, it transpired that the deceased had given Rs.10,000/- to the complainant’s brother Aghan Manjhi (applicant herein) for purchasing motor- cycle and, on 25.08.2019, when deceased demand the said money back from Aghan Manjhi, a dispute arose between them. On account of said dispute, applicant herein alongwith other accused persons conspired with each other and committed murder of the deceased by strangulation and throwing the dead- body into the pond. Thereafter, the applicant has been arrested by the Police and the offence was registered. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedent against the present applicant. It is further submitted that the charge-sheet has been filed in this case. Learned counsel for the applicant submits that till date total 08 witnesses have been examined by the trial Court and, out of which, PW-01 to PW-07 are material witnesses, who have not supported the case of the prosecution. There is no direct evidence in the present case and case of the prosecution is based on circumstantial evidence. The applicant is in jail since 25.07.2021 and trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that grievous offence of murder has been Page No.3 of 4 IN MCRC-3772-2025 levelled against the applicants and the charge-sheet has been filed in this case. Therefore, they are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and allegation levelled against the applicants and the fact that there is no criminal antecedents against the present applicant, charge-sheet has been filed against the applicants. Till date total 08 witnesses have been examined by the trial Court and, out of which, PW-01 to PW-07 are material witnesses, who have not supported the case of the prosecution and, the applicant is in jail since 25.07.2021 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Aghan Manjhi involved in Crime No.151/2019, registered at Police Station - Gharghoda, District Raigarh (C.G.) for the offence punishable under Sections 302, 201, 120-B & 34 of IPC, be released on bail on their furnishing 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 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 Page No.4 of 4 IN MCRC-3772-2025 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, 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- s@if (Arvind Kumar Verma) Judge