1 2025:CGHC:28350 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4939 of 2025 1 - Manoj Singh S/o Late Rajendra Singh Aged About 23 Years Caste Gond R/o Pahadgaon P.S. Jainagar, District Surajpur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Jainagar, District Surajpur, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Hariom Rai, Advocate For Respondent(s) : Mrs. Upasna Mehta, Dy. G.A. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 27.06.2025 1. The applicant has preferred this Second Bail Application under Section 483 of the BNSS, 2023 for grant of bail as he has been arrested in connection with Crime No. 76 of 2024, registered at Police Station- Jainagar, Surajpur, Chhattisgarh for the offence punishable under Section 302, 201 and 506 of IPC. 2 2. First Bail Application bearing MCRC No. 544 of 2025 was rejected by this Court on 20.01.2025. 3. Brief facts of this case are that, son of the deceased has made a written complaint before the concerned Police Station Jainagar regarding the scuffle has been arosen and when the present applicant return to his home at about 7-8 pm, he asked to his father regarding bull and father has informed that he sell out the bull and due to that reason the present applicant in a heat of movement assaulted his father with the iron rod and due to that the deceased died. 4. Learned counsel for the applicant contended that, the applicant is innocent and he has been falsely implicated in the alleged crime, he has not committed any offence as alleged against him. The present applicant is 23 years old and is in jail since 08.04.2024. He further submits that out of 19 witnesses 9 material witnesses have been examined and have not supported the prosecution story. The applicant is ready to furnish adequate surety and shall abide all the directions and conditions which may be imposed by this Court while granting bail. 5. Per contra, learned counsel for the State opposes the bail application submitted by the applicant. 6. I have heard learned counsel for the parties, perused the case and other materials available on record. 7. Taking into consideration the facts and circumstances of the case and further considering the submission of the counsel for the 3 applicant that 9 material witnesses have been examined and they have not supported the prosecution story, the substantial change in the circumstances of the case, this court is of the considered opinion that the present case is a fit case to allow the first bail application of the present applicant. 8. Let the applicant- Manoj Singh involved in Crime No. 76/2024, registered at Police Station- Jainagar, District- Surajpur (C.G.) for the aforementioned offence, be released on bail on his furnishing a bail bond of Rs. 25,000/- 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 cause, the trial court may proceed against him under Section 269 of BNS, 2023. 4 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of the BNSS, 2023 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 BNS, 2023. (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, 2023. 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 for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) Judge Madhurima