1 2025:CGHC:33583 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5603 of 2025 1 - Rameshar Sahu S/o. Umasingh Sahu @ Kunwar Sing, Aged About 56 Years R/o. Village Sirsida, P.S. Kurud, District Dhamtari (Chhattisgarh) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Kurud, District Dhamtari (Chhattisgarh) ... Respondent(s) For Applicant(s) : Ms. Sweksha Sharma, Advocate For Respondent(s) : Mr. Satish Gupta, G.A. Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 17/07/2025 1. The applicants have preferred this Second Bail Application under Section 483 of the BNSS, 2023 for grant of bail as they have been arrested in connection with Crime No. 527 of 2024, registered at Police Station- Kurud, District- Dhamtari, 2 Chhattisgarh for the offence punishable under Section 103(1), 296(b), 115(2), 351(2), 191(2) of BNS, 2023. 2. First Bail Application bearing M.Cr.C. No. 2924 of 2025 was rejected by this Court vide order dated 25.04.2025. 3. The prosecution story, in brief, is that the complainant Omkar Sahu on 23.12.2024 has lodged a written complaint at P.S. Kurud, alleging that the applicants along with other co-accused person had killed the deceased Kartik Ram Patel who is the friend of the complainant. Kartik Ram and his friends namely Omkar Sahu, Sanjay Sahu, Devendra Sahu and Dhaneshwar Nishad had looted 2 sacks of rice from the house of one Bhikham Sahu and they were caught by the village persons of Village Sirsida and they had beated the deceased and his friends with hand, fists and stick and later on Kartik died on 23.12.2024 at about 12:30 pm at District Hospital during the course of his treatment. 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 there is no material evidence available on record with regard to murder of Kartik/deceased against the present applicant. Moreover other co-accused persons have been enlarged on bail by this Court in MCRC No. 2549/2025, 2739/2025, 3075/2025, 3147/2025, 3401/2025, 3642/2025 and 5260/2025. Hence he prays for enlarging the present applicant on the basis of parity as the trial will take considerable time to 3 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 the name of the applicant was there in the FIR. He had an active role in the crime and thus should not be enlarged on bail. 6. Heard learned counsel for the parties, perused and case diary 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 24.12.2024 charge sheet has already been filed before the competent court. Other co-accused persons have been enlarged on the basis of parity, this Court is of the considered opinion that the present applicants be released on bail. 8. Let the applicant- Rameshwar Sahu involved in Crime No. 527/2024, registered at Police Station-Kurud, Dhamtari, District- Dhamtari, C.G. for the offence punishable under Section 103(1), 296(b), 115(2), 351(2), 191(2) of the BNS, 2023, be released on bail on their furnishing a personal bond of Rs. 10,000/- with one surety each 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 4 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 and (iii) recording of statement under Section 351 of BNSS, 2023. If in the opinion of the trial 5 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. 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 Madhurima