1 2025:CGHC:31855 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5382 of 2025 1 - Roshan Manikpuri S/o Santosh Das Manikpuri Aged About 19 Years R/o Ward No. 05, Lawan P.S. - Lawan District - Balodabazar-Bhatapara Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer - P.S. - Lawan District - Balodabazar-Bhatapara Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Rahul Agrawal, Advocate For Respondent(s) : Mr. Satish Gupta, G.A. Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 10/07/2025 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS, 2023 for grant of bail as he has been arrested in connection with Crime No. 389 of 2024, registered at Police Station- Lawan, District- Balodabazar-Bhatapara, Chhattisgarh for the offence punishable under Section 103(1), 2 109(1), 61(2)(a), 238(a), (b), 249 (a), (b), 349(2), 3(5), 111(2), (A), 111(5) of BNS, 2023 and Section 25 & 27 of Arms Act. 2. The prosecution story, in brief, is that the complainant has lodged a report before police station Lawan to the effect that on 20.09.2024 at about 7-8 pm, the complainant’s son who has closed his shop comes back to his home and after freshened up, he again went to his shop to brought some household goods. While returning one accused namely Rahul Sahu of the locality came behind on his scooter no. CG 22 M 2548 near Vivek Cold Drink Shop at Alhida turn, the accused Rahul Sahu told him that he will kill the deceased due to old grudge, thereafter, attacked the deceased with knife on his thigh of leg, inflicting serious injury due to which complainant’s son was declared dead during treatment. On the basis of memorandum statement of accused Rahul Sahu present applicant along with seven persons were arrested. 3. 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. Other applicants have been enlarged on bail by this Court in MCRC No. 3886 of 2025 vide order dated 12.06.2025. The trial is likely to take some considerable time to conclude, hence he prays for grant of bail to the present applicants. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge 3 sheet has already been submitted in the present case and the trial is going on. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation, submission of learned counsel for respective parties and further looking to the involvement of the present applicant and the fact that the co-accused persons, namely, Rajesh Dheewar, Sahil Dheewar, Shubham Sahu and Uttam Manikpuri, vide order dated 12.06.2025 in MCRC No. 3886 of 2025, has already been granted regular bail by this Court. Also considering the fact that there seems to be no direct involvement of the present applicant in the said crime and only on the basis of memorandum statement of accused Rahul Sahu he has been implicated in the present crime. Also, there is no named FIR against the present applicant. Therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the applicant- Roshan Manikpuri involved in Crime No. 389/2024, registered at Police Station- Lawan, District- Balodabazar-Bhatapara (C.G.) for the aforementioned offence, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions : 4 (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. (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 5 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. 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 Madhurima