1 2025:CGHC:23297 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3948 of 2025 1 - Smt. Geetanjali Sahu W/o Shri Bheekham Sahu Aged About 27 Years R/o. Village Sirsida, Police Station Kurud, District Dhamtari (C.G.) 2 - Smt. Shashikala Sahu W/o Shri Nohar Sahu Aged About 38 Years R/o Village Sirsida, Police Station Kurud, District Dhamtari (C.G.) ... Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Station Kurud, District Dhamtari (Cg) ... Respondent For Applicant : Mr. Pushpendra Kumar Patel, Advocate. For Non- applicant/State : Ms. Upasana Mehta, Dy. Government Advocate Hon'ble Justice Shri Arvind Kumar Verma, Judge Order on Board 12.06.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 527/2024 registered at Police Station Kurud, Dhamtari (C.G.), for the offences punishable under Sections 103(1), 296(£), 115(2), 351(2), 191(2) of the BNS, 2023. 2 2. The prosecution's story, in brief, is that the complainant on 23.12.2024 has lodged a written complaint at Police Station Kurud, alleging that the applicants along with other co-accused persons had killed the deceased Kartik Ram Patel who is the friend of the Complainant Kartik Ram and his friends namely Omkar Sahu, Sanjay Sahu, Devendra Sahu and Dhaneshwar Nishad had looted two sacks of rice from the house of one Bhikham Sahu and they were caught by the village people and had been beaten the deceased with hand, fists and stick and later on Kartik died on 23.12.2024 at about 12:30 PM at district hospital during the course of his treatment. 3. Learned counsel for the applicants submits that the present applicants are innocent persons and have been falsely implicated in the aforesaid case. There is no active participation of the present applicants in the said crime. He submits that the applicants are in jail since 24.12.2024. The other co-accused person have already been enlarged on bail in MCRC No. 2549 of 2025, MCRC No. 2739 of 2025, MCRC No. 3075 of 2025, MCRc No. 3147 of 2025 MCRC No. 3401 of 2025 and MCRC No. 3642 of 2025. The trial will take considerable amount of time for the conclusion, hence he prays for grant of bail to the applicants. 4. On the other hand learned State counsel opposes the bail application of the present applicant by stating that the name of the present applicants have been clearly reflected in the FIR. Hence active participation is seen. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Taking into consideration the facts and circumstances of the case that the co-accused persons have already been granted regular bail by this Court. She is in jail since 24.12.2024. There is no seizure. Moreover the specific role of the present applicants are not specified, therefore, this Court is of the view that the present applicants are entitled to be released on bail in this case. 7. Let the present applicants , in Crime No. 527/2024 registered at Police Station Kurud, Dhamtari (C.G.), for the offences punishable under Sections 103(1), 296(£), 115(2), 351(2), 191(2) of the BNS, 2023 , be released on bail on their furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, 4 proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them 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/- (Arvind Kumar Verma) Judge alfiza