1 2025:CGHC:35325 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5377 of 2025 Chandrashekhar Sahu @ Shekhar S/o Shri Pankaj Sahu Aged About 20 Years R/o Ward No. 4, Lawan, P.S.- Lawan, District Baloda Bazar-Bhatapara C.G. ...Applicant versus State Of Chhattisgarh Through Police Station Lawan, District Baloda Bazar-Bhatapara C.G. ... Respondent For Applicant : Mr. Pragalbha Sharma, Advocate For Respondent/State :Mr. Satish Gupta, Govt. Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 23.07.2025 1. Learned counsel for the applicant submits that the default(s), which has been pointed out by the Registry has already been removed 2. The applicant has preferred this Third bail application under Section 483 of the BNSS, 2023 for grant of bail as he has been arrested in connection with Crime No. 389/2024, registered at Police Station- Lawan, District Baloda Bazar, Bhatapara, Chhattisgarh, for the offence punishable under Section 109(1), ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.07.23 17:45:59 +0530 2 103(1), 61(2)(a), 238(a)(b), 308(2), 3(5), 111(2)(a), 115(5) of the BNS, 2023 and Section 25 and 27 of the Arms Act. First and second bail application of the present applicant were dismissed as withdrawn vide order dated 14.01.2025 in MCRC No. 320 of 2025 and 16.04.2025 in MCRC No. 2734 of 2025 respectively by this Court. 3. Brief facts of this case as per the prosecution story are that, one Banwari Sahu made a complaint alleging therein that on 20.09.2024 at about 7:00 -8:00 PM when his son, deceased Vijay Sahu was returning home from his shop one co-accused Rahul Sahu stopped him and assaulted the deceased with knife due to previous enmity between them and caused death of his son. And when Rahul Sahu was arrested by the Police, his memorandum was recorded and the other accused persons namely, Rajesh Dheewar, Sahil Dheewar, Present applicant, Shubham Sahu, Uttam Manikpur, Roshan Manikpuri, Pawan Kurrey and Vikas Bhardwaj were found to be involved in conspiracy of murder. 4. 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. He further contended that the star prosecution witness has been examined by the concerned trial court and he has not deposed 3 anything against the applicant. One co-accused has been enlarged on bail by this Court in MCRC No. 2297 of 2025 vide order dated 24.03.2025 . Therefore on the basis of parity he prays for enlarging the present applicant as the trial will take considerable time to conclude. The applicant is ready to furnish adequate surety and shall abide all the directions and conditions which may be imposed by this Court while granting bail. 5. Per contra, learned counsel for the State opposes the bail application submitted by the applicant stating that he has an active role in the crime and thus should not be enlarged on bail. 6. I have heard learned counsel for the parties, perused the case and other materials available on record. 7. Taking into consideration the facts and circumstances of the case and further considering the nature of offence, particularly to the fact that the applicant is in jail since 17.12.2024. Charge sheet has already been filed before the competent Court. Two co-accused persons namely Devendra Sahu and Rajesh Dheewar has been enlarged on bail by this Court In MCRC no. 2297 of 2025 and MCRC No. 3886 of 2025 respectively by this Court. Therefore, only on the basis of parity, this court is of the considered opinion that the present applicant be released on bail. 4 8. Let the applicant involved in Crime No. 389/2024, registered at Police Station- Lawan, District Baloda Bazar, Bhatapara, Chhattisgarh, for the offence punishable under Section 109(1), 103(1), 61(2)(a), 238(a)(b), 308(2), 3(5), 111(2)(a), 115(5) of the BNS, 2023 and Section 25 and 27 of the Arms Act, be released on bail on his furnishing a personal bond of Rs. 10,000/- with one surety in the like sum 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 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 5 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 and (iii) recording of statement under Section 351 of BNSS, 2023. If in the opinion of the trial 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. 9. 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