1 2025:CGHC:37101 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5952 of 2025 Ramkumar S/o Devprasad Ghasiya Aged About 19 Years R/o Ratanpur Jharnapara, Police Station - Khadgawan, District M.C.B. Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Chowki- Korbi, Police Station - Pasan, District - Korba Chhattisgarh ... Respondent For Applicant : Mr. Aditya Khare, Advocate For State : Mr. Satish Gupta, Govt. Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 30.07.2025 1. The applicant has preferred this first bail application under Section 483 of the BNSS, 2023 for grant of bail as he has been arrested in connection with Crime No. 03/2025, registered at Police Station- Chowki-Korbi, Police Station-Pasan, District- Korba, Chhattisgarh, for the offence punishable under Section 103(1), 109, 61(2) of Bhartiya Nyay Sanhita and Section 25 and 27 of the Arms Act. ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.07.30 17:12:07 +0530 2 2. Case of the prosecution in brief is that, complainant made a report on 06.01.2025 to the effect that his nephew has been shooted on his back by some unknown person, subsequently investigation was made. During the investigation it was revealed that the co-accused Gajendra Singh had political grudge with one Ram Kumar Markam, hence he through co-accused Shiv Prasad@ Mannu contacted co-accused Raj Kumar to murder Ramkumar Markam. 3. 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 are no evidence which could actually reveal that the applicant has conspired to commit murder of the deceased. The allegations made by the prosecution reveals that the present applicant is not the main accused in the crime in question. He has been arrested on the basis of the memorandum of co-accused namely-Gajendra and Rajkumar. He also contended that no recovery has been made from the present applicant and the two co-accused have been granted bail by this court vide order dated 12.06.2025 in MCRC No. 4027 of 2025 and 13.05.2025 in MCRC No. 3335 of 2025. The applicant was arrested on 16.01.2025, and the trial will take 3 considerable time to conclude, therefore, he prays that the applicant may be enlarged on bail. 4. Per contra, learned counsel for the State opposes the bail application and would submit that applicant has played an active role in the alleged offence/crime, hence, applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering facts and circumstances of the case, nature of offence and the submissions of counsel for the parties, the fact that the present applicant is not the main accused in the crime in question, he has been arrested on the memorandum statement of the co-accused persons. Gajendra and Raj Kumar Sathi are the main accused of the alleged crime, further considering that two co-accused persons namely Vijendra Kumar Armo and Balindar Rajwade have been granted bail by this Court vide order dated 13.05.2025 in MCRC No. 3335 of 2025 and 12.06.2025 in MCRC No. 4027 of 2025 respectively, charge sheet has already been filed, conclusion of trial is likely to take time, this Court is inclined to allow the bail application of the applicant. 4 7. Accordingly, bail application is allowed. Let the applicant involved in Crime 03/2025, registered at Police Station- Chowki- Korbi, Police Station-Pasan, District-Korba, Chhattisgarh, for the offence punishable under Section 103(1), 109, 61(2) of Bhartiya Nyay Sanhita 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. 5 (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 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. 8. 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