1 2025:CGHC:25872 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4642 of 2025 Dhansai Nag S/o Soma Ram Nag Aged About 19 Years R/o Village Chaupel, P.S. Chhindgarh, District Sukma Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Chhindgarh District Sukma Chhattisgarh ... Respondent(s) For Applicant(s) : Ms. Sangeeta Soni, Advocate. For Respondent(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/06/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 53/2024 registered at Police Station Chhindgarh District Sukma (C.G.) for the offence punishable under Sections 105, 115(2) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the complainant filed a report with the concerned Police Station in Chhindgarh alleging that AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 on the incident date, September 25, 2024, a dispute arose between the applicant and his brother regarding grazing a cow in the courtyard of the applicant's house. The dispute escalated when their mother intervened, and the applicant allegedly threw cement and bricks, hitting his brother’s chest and behind left ear of their mother/deceased, resulting in her death on the spot. Based on this report, the police registered a case against the applicant under Sections 105 and 115(2) of the Bharatiya Nyaya Sanhita (BNS) at Crime No. 53/2024. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. She further submits that the it was admitted that there was come dispute between applicant and his brother, but he has neither assaulted her mother nor committed offence as alleged, further the applicant has no intention to commit the offence. She also submits that no any type of weapon has been used in the incident as the incident has took place in sudden provocation. The applicant is in jail since 26.09.2024, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant on a sudden quarrel between him and his brother had threw a piece of brick, which hit on back side of his mother’s left ear, resulting in her death 3 on the spot, therefore, applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, the fact that deceased is the mother of applicant and on a sudden quarrel between him and his brother over grazing a cow, applicant threw a piece of brick, which hit on back side of his mother’s left ear and resulting in her death on the spot, but considering the detention of the applicant as he is jail since 26.09.2024 and has no criminal antecedent, this Court is of the view that the applicant is entitled to be released on bail in this case. Accordingly, the application is allowed. 7. Accordingly, the application is allowed. 7. Let the Applicant-Dhansai Nag, involved in Crime No. 53/2024 registered at Police Station Chhindgarh District Sukma (C.G.) for the offence punishable under Sections 105, 115(2) of BNS, 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 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 his absence, without sufficient 4 cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (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. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil