1 2025:CGHC:37716 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4987 of 2025 Durga Prasad Suryavanshi S/o Sitaram Suryavanshi Aged About 28 Years R/o Bajrang Mohalla Jalso, P.S. Koni, Tahsil And District Bilaspur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Stationi Koni, District Bilaspur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Galib Dwivedi, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.07.2025 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. 238/2025 registered at Police Station – Koni District – Bilaspur (C.G.), for the offences punishable under Sections 109 of the BNS, 2023. 2. As per the prosecution case that, on 29-03-2025 a Hero-Super- Splendor Motor Cycle barring registration no CG-13-UD-8342 riding by Purn Singh Along with his wife Smt. Rambha Urao, was dashed by the offending vehicle barring registration no OD-16-D-0263 from the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.01 17:20:15 +0530 2 backside, resulting to the death of Smt. Rambha Urao and one vehicle stopper was also Wreck, and thereby the offence has been committed by the present applicant & the F.I.R. of the same has been registered u/s 281, 125(A), 105 of B.N.S & Sec. 3 of Public Property Act, against applicant. 3. The applicant has been falsely implicated in a case and no specific charge is made out against the present applicant under the alleged offences, as the essential ingredients constituting the alleged offences are not fulfilled. There is no legal evidence or material available on record to support the allegations against the applicant. The applicant is a permanent resident of the address mentioned in the cause title of the bail application, and there is no likelihood of his absconding or tampering with the evidence or influencing witnesses. The applicant is willing to furnish adequate security and undertakes to abide by all directions and conditions that may be imposed by this Hon’ble Court while granting bail and he is in jail since 24.05.2025, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and the nature of the allegations against the applicant, it has been argued by the learned counsel for the applicant that the injured/complainant had an earlier altercation with the applicant’s brother. Subsequently, the injured, along with other persons, allegedly went to the applicant’s house armed with 3 a sharp-edged weapon, where the incident took place. It is further submitted that persons from the applicant’s side also sustained injuries. However, the applicant was arrested two days after the incident, despite the fact that the applicant’s brother had informed the police about the said occurrence by submitting an application on 26.05.2025, a copy of which was also received at the concerned police station (Annexure A/2). Though it is alleged that the injured sustained grievous injuries caused by a sharp-edged weapon to the mandible and neck, but it is also submitted that no courter report has been registered from the applicant’s side, the charge-sheet in the present case has already been filed before the competent court, the applicant is in jail since 24.05.2025, and conclusion of trial is likely to take some more time, without commenting anything on the merits of the case, this Court is of the considered view that the applicant is entitled to be released on regular bail. 7. Let the Applicant – Durga Prasad Suryavanshi, involved in Crime No. 238/2025 registered at Police Station – Koni District – Bilaspur (C.G.), for the offences punishable under Sections 109 of the BNS, 2023, be released on bail on furnishing personal bond with two local 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. 4 (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 his 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav