1 2025:CGHC:44007 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5279 of 2025 Rambrat S/o Sardar Aged About 37 Years R/o Pipardhaba, Police Station - Samri Path, District - Balrampur-Ramanujganj Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Samri Path, District - Balrampur-Ramanujganj Chhattisgarh ... Non-applicant For Applicant : Mr. Arun Kumar Sukla, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 29.08.2025 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. 20 of 2025 registered at Police Station : Samri Path, District – Balrampur- Ramanujganj (C.G.) for the offence punishable under Section 109 & 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 and 27 of Arms Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.29 18:33:56 +0530 2 2. As per prosecution story in brief is that on 10.05.2025 the complainant Nandu Korwa lodged report at Police Station, Samripath, alleging therein that on 01.02.2025 on the request of son of accused Dinw, the complainant took the wife of Dinwa at Kusmi by motorcycle for payment of installment of vehicle and thereafter brought the wife of accused Dinwa from Kusmi to Pipardhaba, due to which, the accused Dinwa doubted that the complainant has illicit relationship with the wife of accused Dinwa. On 09.05.2025 at about 9.00 PM, when the complainant along with Ravindra and Laxman were going to attend marriage function at Village Nawatoli, at that time, the accused Dinwa has fired by pistol upon the complainant, due to which, the complainant has received wrist and back side. On the basis of said aid complaint, the FIR was registered against the accused Dinwa and his memorandum was recorded, in which, he stated that the said pistol was purchased by him from the present applicant and on the basis of said memorandum statement, the Police has arrested the present applicant on 12.05.2025. 3. It is respectfully submitted that the applicant is innocent and has been falsely implicated in the present case. The injury to the complainant was allegedly caused by co-accused Dinwa with the help of a pistol, and the present applicant had no role in the incident. As per the prosecution, the only allegation against the applicant is that he sold the pistol to Dinwa on the instructions of his now-deceased mother-in-law, and the consideration of Rs. 2,000/- was received by her. Thus, the offence under Section 109 IPC is not made out against the applicant. The applicant is the sole breadwinner of his family, his prolonged pre- 3 trial detention will severely prejudice the livelihood of his dependents, and he undertakes to appear before the trial Court and not misuse the liberty if released. The applicant has been in custody since 12.05.2025 and is therefore entitled to bail. therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant. 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, the nature and gravity of the offence the applicant, and the fact that the applicant had no role in causing injury to the complainant with the gun, it is alleged that the gun in question belonged to the father-in-law of the applicant and was sold by his mother-in-law to the co-accused, who subsequently used the same. The applicant has been falsely implicated, as he has not caused any injury to the complainant with the said gun. Further considering the fact that the applicant has been in jail since 12.02.2025 and that the conclusion of the trial may take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in this case. 7. Let applicant, Rambrat, involved in Crime No. 20 of 2025 registered at Police Station : Samri Path, District – Balrampur-Ramanujganj (C.G.) for the offence punishable under Section 109 & 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 and 27 of Arms Act, be released on bail on his furnishing a personal bond with two local sureties in 4 the like amount 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. (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 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 send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaibhav