1 2025:CGHC:27172 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4832 of 2025 1 - Yashu Kumar Sahu S/o Arjun Sahu Aged About 20 Years, 2 - Gangaram S/o Faguram Sahu Aged About 30 Years, Both are R/o Village - Loharidih, Police Station And Tehsil - Rengakharkala, District - Kabirdham (C.G.) ... Applicants versus State Of Chhattisgarh Through - Station House Officer, Police Station House - Officer, Police Station - Rengakhar, District - Kabirdham (C.G.). ---- Respondent For Applicants : Mr. Chandrikaditya Pandey, Advocate appears on behalf of Mr. Dharmesh Srivastava, Advocate For Respondent/State : Mr. Satish Gupta, Govt. Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 24/06/2025 1. The applicants have been preferred this second bail application under Section 483 of the BNSS, 2023 for grant of regular bail. First bail VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.06.25 17:54:10 +0530 2 applications of the applicants were dismissed as withdrawn in MCRC Nos.1408/2025 & 1607/2025 vide orders dated 25.02.2025 & 27.02.2025 respectively. As the applicants are arrested in connection with Crime No.65/2024, registered at Police Station- Rengakhar, District Kabirdham (C.G.) for the offence punishable under Sections 103(1), 103(2), 238(a), 191(2), 191(3), 189(4)(5), 332(a), 324(6), 287, 310(3), 326(g), 61(2)(a), 115(2) of the Bharatiya Nyaya Sanhita, 2023. 2. Brief facts of this case are that, the complainant Vinod Sahu son of the deceased Raghunath Sahu lodged a report on 15.09.2024 at about 6.00 pm evening against 167 named persons and some other persons alleging inter-alia that his father was Sarpanch of Village Panchayat for 3 tenture of 5 years and presently his mother is holding the post of Sarpnach whereas his father was working as Up-Sarpanch. It was stated by the complainant that 9-10 months ago her mother has been removed from the post of Sarpanch by no-confidence motion by the villagers and his father is working as Up-Sarpanch who was also tried to be removed but success could not be found to the villagers. It is alleged that the villagers were willing to remove his father from the post of Up-Sarpanch and for that reason, the villagers were having grudge from them and on 15.09.2024 his brother-in-law namely Suresh Kumar Sahu came to his house at about 10.00 am morning to take his mother to doctor and all the family members were present in the house, then only suddenly at about 150-200 persons entered into the house of 3 the complainant and told that they have hung the dead body of Shiv Prasad after committing murder of him and the mob started damaging the house hold articles and looted rice, pulses, paddy, oil, ornaments and all other articles of the house and he succeeded to escape from there along with his wife and children and entered into the house of neighbor Mohan Yadav and he was watching the incident from that house. 3. After completion of the entire investigation, charge sheet was filed against accused persons. The present applicants have been arrested on 16.09.2024. 4. Learned counsel appearing on behalf of the applicants contended that the applicant is innocent and has been falsely implicated in the present case. He further contended that the applicants have not committed any offence they were falsely implicated by alleging as main accused in the present case. They further contended that on perusal of the evidence, it is clear that there is no direct role of the present applicants in crime in question. It is clear that the complainant is unable to disclose the role attributed by the present applicants in crime in question. They further contended that there is no previous antecedent against the applicants, charge-sheets have been filed, applicants are in jail since 16.09.2024 and trial is likely to take some time, therefore, it is prayed that the applicants may be released on bail. 4 5. Per contra, learned counsel appearing on behalf of the State opposes the bail applications submitted by the applicants. 6. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 7. Taking into consideration the facts and circumstances of the case and particular considering the involvement of applicant No.1- Yashu Kumar Sahu in this case, and there is no previous antecedent against the applicant No.1, charge-sheets have been filed, the prosecution has not shown that the applicant No.1 is trying to tamper the witnesses and he is in jail since 16.09.2024 and conclusion of the trial may take some more time, this Court is of the view that the applicant No.1- Yashu Kumar Sahu is entitled to be released on bail in this case, whereas looking to the involvement and specific role of applicant No.2- Gangaram in the aforesaid crime, he is not entitled to be released on bail. 8. Let applicant No.1- Yashu Kumar Sahu S/o Arjun Sahu involved in Crime No. 65/2024, registered at Police Station- Rengakhar, District Kabirdham (C.G.) for the offences as mentioned above, be released on bail on his furnishing a personal bond of Rs.10,000/- with one surety in the like sum to the satisfaction of the Court concerned with the following conditions : 5 (i) The applicant No.1 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 No.1 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. (iii) In case, the applicant No.1 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 No.1 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 6 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 Vasant