1 2025:CGHC:2679 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 434 of 2025 1 - Kuldeep Pradhan S/o Late Ram Kumar Pradhan Aged About 20 Years R/o Village- Sonpur, Police Station- Kapu, And District Raigarh, Chhattisgarh. ... Applicant Versus 1 - State Of Chhattisgarh Through S.H.O. Of The Police Station- Kapu, And District Raigarh, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Abhishek Saraf, Advocate For Non-Applicant : Ms. Mandvi Bharadwaj, Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 16/01/2025 1. This is the second bail application. The first bail application was dismissed as withdrawn vide order dated 23.04.2024 in M.Cr.C. No. 2515/2024. 2. This bail application is filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 167/2023 registered at Police Station – Kapu, District – Raigarh, Chhattisgarh for the offences punishable under Sections 302, 120 (B) of the Indian Penal Code, 1860. 3. Case of prosecution is that, on 04.12.2023, one Kartik Ram Pradhan has given morgue intimation to the police that his son died and is lying on the C.C. Road of Village Sonpur. Based on the morgue report, police came to the spot and after investigation, crime was registered against unknown SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 person. During the course of investigation, based on the statement of Kartik Ram Pradhan, co-accused Krishnaram Rathiya was interrogated and was arrested. His memorandum statement was recorded and thereafter, the applicant was also arrested in the aforementioned crime on 08.12.2023. 4. Learned senior counsel for the applicant submits that applicant is innocent, he has been falsely implicated in the instant crime, he has not committed any offence as alleged. He submits that there is no connecting piece of evidence against the applicant. He has been made accused in the crime only on the basis of memorandum statement of the co-accused Krishnaram Rathiya. Witnesses to the memorandum statement namely, Bodhan Ekka and Karam Sai have been examined before the Trail Court and they have not supported the case of prosecution. Applicant is in jail since 08.12.2023, hence, he may be enlarged on bail. 5. On the other hand, learned State counsel vehemently opposes the submission made by learned counsel for the applicant and would submit that it is the applicant had conspired of and hired Krishnaram Rathiya for causing murder of deceased Sanjay Pradhan. However, she do not dispute the submission of the counsel for applicant that applicant was arrested only on the basis of the memorandum statement of the co- accused. She however, submits that the submission of the counsel for applicant based upon the deposition of witnesses Bodhan Ekka and Karam Sai is subject matter of appreciation by the learned Trial Court. 6. I have heard learned counsel for the respective parties. 7. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, period of pre-trial detention, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 3 8. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that: (a) 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. (b) 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. (c) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the courton 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. (d) 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. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey