-1- 2025:CGHC:32221 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5165 of 2025 Surendra Sonha S/o Late Thakur Sonha Aged About 50 Years Village- Girvarganj, P.S- Chalgali, District- Balarampur-Ramanujganj (C.G.) ... Applicant (s) versus State Of Chhattisgarh Through S.H.O. P.S- Chalgali, District- Balarampur-Ramanujganj, C.G. ... Respondent(s) For Applicant : Mr. Pushkar Sinha, Advocate For State : Mr. T.S. Sahu, Panel Lawyer S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 11/07/2025 1. Applicant has filed this bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for grant of regular bail as he was arrested in connection with Crime No.29 of 2023 registered at Police Station –Chalgali, District- Balrampur-Ramanujganj (CG) for offence punishable under Section 302 of IPC. 2. This is the second bail application on behalf of the applicant. His earlier bail application was dismissed as withdrawn on 21.12.2023. Digitally signed by PRAVEEN KUMAR SINHA Date: 2025.07.14 14:16:43 +0530 -2- 3. Case of prosecution, in brief, is that on 23.06.2023 at about 4:00 to 5:00 pm, applicant has assaulted his mother Tilakmania by means of fists and legs due to which she suffered injuries and died. Incident was reported to concerned police station based upon which aforementioned crime was registered and applicant was arrested on 07.07.2023. 4. Learned counsel for the applicant would submit that applicant has been falsely implicated in the crime. He has not committed any offence. During trial, material witnesses have now been examined and they have not supported case of prosecution. He contended that as per charge sheet, Suman Sonha is the only eyewitness to the incident, she has been examined as PW5 and has not supported case of prosecution. He submits that memorandum witnesses have also been examined and they have not supported case of prosecution. 5. On the other hand, learned counsel for the State opposes the submission of learned counsel for the applicant. He submits that there are ample evidence available against the applicant in case diary. He, however, submits that submission of learned counsel for the applicant based on deposition of the witnesses enclosed along with the bail application is subject matter of appreciation by the trial Court . 6. I have heard learned counsel for the parties and also perused the documents placed along with the bail application. 7. Considering the facts and circumstances of the case, nature of -3- allegation, submission of learned counsel for the respective parties, period of pre-trial detention, without commenting anything on merits of case, I am inclined to allow the application. 8. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail on his furnishing a personal bail bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that:-. “(a) 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. (b) 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 Bharatiya Nyaya Sanhita. (c) 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. (d) 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 -4- 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 concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/----/-/- (Parth Prateem Sahu) Judge Praveen