1 2025:CGHC:34812 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5710 of 2025 1 - Bhuwan Sahu @ Bhupesh S/o Shri Dilip Sahu, Aged About..........Years, R/o Ward No. 7 Lawan, P.S. Lawan, District Baloda Bazar- Bhatapara (C.G.) 2 - Tushal @ Sonu Sahu S/o Shri Dilip Sahu, Aged About..........Years, R/o Ward No. 7 Lawan, P.S. Lawan, District Baloda Bazar- Bhatapara (C.G.) ... Applicants versus State of Chhattisgarh Through Police Station Lawan, District Baloda Bazar- Bhatapara (C.G.) ... Respondent For Applicants : Mr. Pragalbha Sharma, Advocate. For Respondent/State : Mr. Satish Gupta, GA Hon'ble Justice Shri Arvind Kumar Verma, Judge Order on Board 22.07.2025 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 applicants who have been arrested in connection with Crime No. 389/2024 registered at Police Station Lawan, district Baloda Bazar, Bhatapara (C.G.), for the offences punishable under Sections 109(1), 249 (a), (b), 103(1), 61(2)(a), 238(a)(b), 349(2), 3(5), 111(2)(a), 111(5) of ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.07.23 17:34:14 +0530 2 BNS, 2023 and Sections 25 and 27 of the Arms Act. 2. The prosecution's story, in brief, is that Banwari Sahu made a complaint alleging therein that on 20.09.2024 at about 7-8 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. When Rahul Sahu was arrested by the Police, his memorandum was recorded and the other accused persons were found to be involved in the conspiracy of murder. 3. Learned counsel for the applicants submits that the present applicants are innocent persons and have been falsely implicated in the aforesaid case. He submits that the applicants have no role to play in commission of the alleged offence. There is no legal material or evidence available on record constituting any offence as alleged by the prosecution. One applicant has been enlarged on bail by this court in MCRC No. 2297/2025 vide order dated 24.03.2025. 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 applicants and submits that the charge-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 that the co-accused person, namely, Devendra Sahu, vide order dated 24.03.2025 3 in MCRC No. 2297 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 applicants in the said crime and only on the basis of circumstantial evidence and on the statement made by the accused under Section 27 of the Evidence Act they have been implicated in the present crime . Therefore, this Court is of the view that the present applicants are entitled to be released on bail in this case on the ground of parity. 7. Let the present applicants, involved in Crime No. 389/2024 registered at Police Station Lawan, district Baloda Bazar, Bhatapara (C.G.), for the offences punishable under the afore mentioned sections, be released on bail on their furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. 4 (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 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 them 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. - SD/- (Arvind Kumar Verma) Judge ashu