1 2025:CGHC:39290 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3124 of 2025 Ramkishun Kawart @ Dharmendra Kaiwart S/o Bittu Kaiwart Aged About 25 Years R/o J.N. 101 Baramdev Chowk, Malhar, Police Station Masturi, District Bilaspur Chhattisgarh. --- Applicant versus State Of Chhattisgarh Through Station House Officer, Outpost – Malhar, Police Station – Masturi, District – Bilaspur, Chhattisgarh. --- Non-applicant Along with MCRC No. 3281 of 2025 Raj Bavre S/o Shri Rajendra Bavre Aged About 19 Years R/o. Village- Binaouri, Pachpedi, Police Station - Pachpedi, District- Bilaspur (C.G.) ---Applicant Versus State Of Chhattisgarh Through- Station House Officer Police Chowki- Malhar, Police Station - Masturi, District- Bilaspur (C.G.) --- Non-applicant Along with MCRC No. 3977 of 2025 1 - Ramcharan Kaiwart S/o Jhangluram Kaiwart Aged About 27 Years R/o Vill Malhar Ward No. 10, P.S. Masturi, Dist. Bilaspur (C.G.) 2 - Suresh Kaiwart S/o Mangatram Kaiwart Aged About 25 Years R/o Vill Malhar Ward No. 10, P.S. Masturi, Dist. Bilaspur (C.G.) --- Applicants Versus State Of Chhattisgarh Through Station House Officer (S.H.O) P.S.- Masturi, Dist.- Bilaspur (C.G) ---- Non-applicant RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 For Applicants : Mr. Kunwar Sahu, Advocate, Mr. Ratnesh Kumar Agrawal, Advocate, and Mr. Ravi Kumar Kashyap, Advocate. For Non-applicants/State : Mr. Vaishali Mahilong, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.08.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 198/2025, registered at Police Outpost – Malhar, Police Station – Masturi, District – Bilaspur (C.G.) for the offence punishable under Sections 105, 281, 125-A, and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 3, 5 and 15 of the Chhattisgarh Kolahal Niyantran Adhiniyam, 1985. 2. The case of the prosecution, is that on 30.03.2025, there was Hindu Nav Varsh and at that occasion, the organizer Suresh Kenwat, Ramcharan Kenwat and other persons were hired the D.J. vehicle of the applicants and during the function, the D.J. vehicle was dashed with the roof of house of Tukesh Kaiwart, due to which a wall was demolished and 10 boys who were dancing in front of D.J. vehicle received injuries, out of which one boy namely Prashant died during treatment. 3. 3. It is argued by the learned counsel for the applicants that the applicants is innocent and have been falsely implicated in this case, and though the allegation is levelled against the applicants that during the function and D.J. vehicle was dashed with the roof of house of Tukesh Kaiwart, due to which a wall was demolished and 10 boys received injuries out of which 3 one was died, but the charge-sheet has been filed in this case and the applicants are in jail since 01.04.2025, 01.04.2025 and 05.05.2025, respectively, and trial is likely to take quite long 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 the charge-sheet has been filed in this case. It is further submitted that on 30.03.2025, there was Hindu Nav Varsh and at that occasion, the organizer Suresh Kenwat, Ramcharan Kenwat and other persons were hired the D.J. vehicle of the applicants and during the function, the D.J. vehicle was dashed with the roof of house of Tukesh Kaiwart, due to which a wall was demolished and 10 boys who were dancing in front of D.J. vehicle received injuries, out of which one boy namely Prashant died during treatment, 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, and though the allegation is levelled against the applicants that during the function and D.J. vehicle was dashed with the roof of house of Tukesh Kaiwart, due to which a wall was demolished and 10 boys received injuries out of which one was died, but the charge-sheet has been filed in this case and the applicants are in jail since 01.04.2025, 01.04.2025 and 05.05.2025, respectively, and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. 7. Let applicants, Ramkishun Kawart @ Dharmendra Kaiwart, Raj Bavre, Ramcharan Kaiwart and Suresh Kaiwart, involved in Crime 4 No. 198/2025, registered at Police Outpost – Malhar, Police Station – Masturi, District – Bilaspur (C.G.) for the offence punishable under Sections 105, 281, 125-A, and 3(5) of the BNS and Sections 3, 5 and 15 of the Chhattisgarh Kolahal Niyantran Adhiniyam, 1985, be released on bail on his furnishing a personal bond with two sureties 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 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 applicants 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 applicants misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants 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 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 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. 5 8. 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 Rajshekhar