1 2025:CGHC:31202 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5260 of 2025 1 - Bheekham Sahu S/o Gaindlal Sahu Aged About 41 Years R/o Village Sirsida Tahsil And Police Station Kurud, District - Dhamtari (C.G.) 2 - Nohar Sahu S/o Gaindlal Sahu Aged About 39 Years R/o Village Sirsida Tahsil And Police Station Kurud, District - Dhamtari (C.G.) 3 - Buddheshwar Sahu S/o Gaindlal Sahu Aged About 29 Years R/o Village Sirsida Tahsil And Police Station Kurud, District - Dhamtari (C.G.) ...Applicants versus State Of Chhattisgarh Through The Station House Officer Police Station Kurud District - Dhamtari (C.G.) ... Respondent For Applicants : Mr. Pushpendar Kumar Patel, Advocate For Respondent/State :Mr. Satish Gupta, Govt. Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 08.07.2025 1. The applicants have preferred this first bail application under Section 483 of the BNSS, 2023 for grant of bail as they have been arrested in connection with Crime No. 527/2024, registered at Police Station- Kurud, Dhamtari, Dsitrict-Dhamtari, 2 Chhattisgarh, for the offence punishable under Section 103(1), 296(B), 115(2), 351(2), 191(2) of the BNS, 2023 2. Brief facts of this case as per the prosecution story are that, the complainant Omkar Sahu, on 23.12.2024 has lodged a written complaint at Police Station Kurud, alleging that the applicants along with other co-accused persons had killed the deceased Kartik Ram Patel who is the friend of the complainant, and his friends namely Omkar Sahu, Sanjay Sahu, Devendra Sahu and Dhaneshwar Nishad had looted two sacks of rice from the house of one Bhikham Sahu and they were caught by the village persons of village Sirsida and they had beaten the deceased and his friends with hand, fists and stick and later on Kartik died on 23.12.2024 at about 12:30 pm at District Hospital during the course of his treatment. 3. Learned counsel for the applicants contended that, the applicants are innocent and they have been falsely implicated in the alleged crime, they have not committed any offence as alleged against them. He further contended that there is no material evidence available on record with regard to murder of Kartik/deceased against the present applicants. Moreover other co-accused persons have been enlarged on bail by this Court in MCRC no. 2549/2025, 2739/2025, 3075/2025, 3147/2025, 3401/2025 and 3642/2025. Hence he prays for enlarging the 3 present applicants on the basis of parity as the trial will take considerable time to conclude. The applicant are ready to furnish adequate surety and shall abide all the directions and conditions which may be imposed by this Court while granting bail. 4. Per contra, learned counsel for the State opposes the bail application submitted by the applicants stating that the name of the applicants were there in the FIR. They have an active role in the crime and thus should not be enlarged on bail. 5. I have heard learned counsel for the parties, perused the case and other materials available on record. 6. Taking into consideration the facts and circumstances of the case and further considering the nature of offence, particularly to the fact that the applicants are in jail since 24.12.2024. Charge sheet has already been filed before the competent Court. Other co-accused persons have been enlarged on bail by this Court. Therefore, only on the basis of parity, this court is of the considered opinion that the present applicants be released on bail. 7. Let the applicant involved in Crime No. 527/2024, registered at Police Station- Kurud, Dhamtari, Dsitrict-Dhamtari, Chhattisgarh, for the offence punishable under Section 103(1), 296(B), 115(2), 351(2), 191(2) of the BNS, 2023, be released on bail on their 4 furnishing a personal bond of Rs. 10,000/- with one surety each in the like sum to the satisfaction of the Court concerned with the following conditions : (i) The applicants 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 applicants 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 applicants 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 applicants 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 5 court absence of the applicants are 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 forthwith. sd/- (Arvind Kumar Verma) Judge alfiza