1 2025:CGHC:23299 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4027 of 2025 Balindar Rajwade S/o Saheba Ram Rajwade Aged About 39 Years R/o Village - Mani Chowk, Dedari, Police Station - Surajpur, District - Surajpur (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Station House Officer, Police Chowki Korbi, Police Station - Pasan, District - Korba (C.G.) ... Respondent For Applicant : Mr. Praveen Kumar Dhurandhar, Advocate. For Non- applicant/State : Mr. Praveen Das, Deputy Advocate General 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 applicant who has been arrested in connection with Crime No.03/2025 registered at Police Chowki Korbi, Police Station Pasan, District Korba (C.G.), for the offences punishable under 2 Sections 103(1), 109 and 61(2) of BNS, 2023 and Section 25 and 27 of the Arms Act. 2. The prosecution's story, in brief, is that the complainant made a report on 06.01.2025 to the effect that his nephew has been shooted on his back by some unknown person, subsequently investigation was made. During the investigation it was revealed that the co-accused Gajendra Singh had political grudge with one Ram Kumar Markam, hence he through co-accused Shiv Prasad @ Mannu contacted co- accused Raj Kumat to murder Ramkumar Markam, thereafter co-accused Gajendra Singh through co- accused Virendra Kumar contacted present applicant Balvindar Rajwade and he purchased country made pistol from him for Rs. 90,000/- and thereafter the co-accused Gajendra handed over the pistol to main accused Rajkumar to commit murder of Ramkumar Markam, subsequently on 06.01.2025 Ramkumar Markam and deceased Krishna Pandey were in motorcycle and on the relevant time, the main accused Rajkumar while shooting Ramkumar Markam shooted deceased Krishna Pandey on his back and due to which he died. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. He submits that there is no evidence that the applicant conspired to commit murder of deceased and as per the allegation, he is not the main accused. There is evidence that the applicant received money for providing pistol, hence there is no evidence against him. The FIR has been registered against the unknown 3 person and subsequently on investigation, the memorandum of co-accused persons were recorded and on their memorandum, the present applicant has been made accused in this case. The trial is likely to take some considerable time to conclude, hence he prays for grant of bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted in the present case and the trial is going on. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that it is clear that there is no recovery made on the basis of memorandum of the statement and the role of the applicant in the present crime is not specific. Moreover the applicant is not the main offender of the crime in question . Therefore, this Court is of the view that the present applicant is entitled to be released on bail. 7. Let the present applicant , involved in Crime No. 03/2025 registered at Police Chowki Korbi, Police Station Pasan, District Korba (C.G.), for the offences punishable under Sections 103(1), 109 and 61(2) of BNS, 2023 and Section 25 and 27 of the Arms Act. , be released on bail on his 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 4 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 applicant 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 applicant misuse the liberty of bail during trial and in order to secure their presence, 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 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 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 5 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