-1- 2025:CGHC:32220 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5403 of 2025 Santosh Yadav S/o Dashrath Yadav Aged About 37 Years R/o. Ganesh Nagar Nayapara P.S. - Sirgitti, District - Bilaspur, Chhattisgarh. ... Applicant (s) versus State Of Chhattisgarh Through The Police Station Sirgitti, District - Bilaspur, Chhattisgarh. ... Respondent(s) For Applicant : Mr. Pravin Kumar Tulsyan, Advocate For State : Mr. Keshav Prasad Gupta, Govt. Advocate 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.351 of 2023 registered at Police Station –Sirgitti, District- Bilaspur (CG) for offence punishable under Sections 147, 148, 149 ,302 of IPC and Sections 25 & 27 of the Arms Act. 2. Case of the prosecution, in brief, is that on 16.05.2023 at about 6:00 P.M., Monu @ Pawan Soni was standing in front of Betel Shop (Pan Shop) of Pintu Yadav, at that relevant point of time, Digitally signed by PRAVEEN KUMAR SINHA Date: 2025.07.14 14:24:03 +0530 -2- Ramu Yadav along with 12 other co-accused persons came there armed with sharp edged weapons and club and have started assaulting the deceased Pawan Soni due to which, he suffered injuries over his person and succumbed to his injuries on the spot. The incident was reported to the concerned police station, upon which, aforementioned crime was registered and the applicant was arrested. 3. Learned counsel for the applicant would submit that after dismissal of second bail application on merits, material witnesses have been examined. As per case of prosecution, there are three independent eyewitnesses namely Ajay Yadav, Pintu Yadav and Akash including father and mother of deceased. However, none of the witnesses in their evidence have stated that applicant in any manner assaulted the deceased or was farming part of group of persons who were assaulting deceased . He also pointed out that he has enclosed copy of depositions of Suresh Soni (PW1) father of deceased, Saroj Soni (PW2) mother of deceased, Pintu Yadav (PW7) and Akash Dhruv (PW9). All these witnesses have not supported case of prosecution in their evidence before the Court. Nothing incriminating material was found against the applicant to implicate him in the alleged commission of offence. In fact the applicant went to house of deceased to inform parents of deceased which is evident from evidence of parents also. Applicant is in jail since 18.05.2023 and, hence, he may be enlarged on bail. -3- 4. On the other hand, learned counsel for the State opposes the submission of learned counsel for the applicant. He submits that in the statement of Ajay, Pintu recorded under Section 161 of Cr.P.C. there are allegation against the applicant also. He further submits that submission of learned counsel for the applicant based on copies of deposition sheet enclosed along with bail application is subject matter of appreciation by the trial Court. 5. I have heard learned counsel for the parties and also perused the documents placed along with the bail application. 6. Considering the facts and circumstances of the case, 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. 7. 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 -4- 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 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 concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/--/---/-/- (Parth Prateem Sahu) Judge Praveen