1 2025:CGHC:32053 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3930 of 2025 Samir @ Jhabbu Tandan S/o Shri Balram Tandan Aged About 25 Years R/o Dhangava, Police Station-Masturi, District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station- Masturi, District-Bilaspur (C.G.) ... Non-Applicant For Applicant : Ms. Maya Chaturvijani, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2025 1. This is the Third 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. 143/2024 registered at Police Station – Masturi, District-Bilaspur (C.G.) for the offence punishable under Sections 307 and 34 of the Indian Penal Code (In short, IPC). 2. The earlier bail applications of the applicant being MCRC Nos. 6856/2024 and 5008/2024 were rejected by this Court vide orders dated 08.10.2025 and 12.07.2024 respectively on merits with liberty RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 to proceed and conclude the trial expeditiously. 3. Case of the prosecution, in brief, is that on 21.03.2024, the complainant, Mahesh Ghritlahare, lodged a written complaint at Police Station Masturi, District Bilaspur (C.G.), stating that on 20.03.2024 at about 10:40 PM, one Ashwani Ghosh called him and informed that the accused, Jhabbu Tandan @ Samir, along with co- accused Govind Banjare, had stabbed his brother near Smile Dhaba using a sharp-edged weapon on his stomach and back, with the intention to cause his death. Based on this complaint, FIR bearing Crime No. 143/2024 was registered at Police Station Masturi, District Bilaspur (C.G.), for the offence punishable under Sections 307 and 34 of the Indian Penal Code against the present applicant and the co-accused. The charge sheet has already been filed. 4. Learned counsel for the applicant submits that the earlier bail application of the applicant was rejected by this Court on merit with a direction to conclude the trial expeditiously and the applicant is in jail since 14.06.2024 and charge-sheet has been submitted before the competent Court. She further submits that as per the status of the trial, no witnesses have been examined in the case. Hence, she prays for grant of bail to the applicant. 5. On the other hand, learned State counsel opposes the bail application of the present applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 3 7. Taking into consideration the facts and circumstances of the case and also considering the fact that this is the third bail application and the earlier bail applications of the applicant were rejected on merits with a direction to conclude the trial expeditiously and as per the status of the trial, no witnesses have been examined till date further the applicant is in jail since 14.06.2024 and charge-sheet has been submitted before the competent Court, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant – Samir @ Jhabbu Tandan, involved in Crime No. 143/2024 registered at Police Station – Masturi, District- Bilaspur (C.G.) for the offence punishable under Sections 307 and 34 of the Indian Penal Code, be released on bail on furnishing 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 her absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 4 (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. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan